damages, which in the Government's view demonstrated that the
remedies available within domestic jurisdiction had not been exhausted.
33.
Finally, the State declared that the facts alleged in the petition do
not characterize violations of Articles 3, 5, 9, 11, 13, 16, 17, 19 and 22
of the American Convention, as claimed by the petitioner.
IV.
ANALYSIS OF ADMISSIBILITY
A.
Competence of the Commission ratione personae, ratione
loci, ratione temporis, and ratione material
34.
Under Article 44 of the American Convention, the petitioner is, in
principle, entitled to lodge complaints with the IACHR. The petition
names as the alleged victim an individual in respect of whom Argentina
undertook to respect and guarantee the rights recognized in the
American Convention. With regard to the State, the Commission notes
that Argentina has been a State party to the American Convention since
September 5, 1984, the date on which it deposited the corresponding
instrument of ratification. The Commission is therefore competent
ratione personae to consider the petition.
35.
The Commission is competent ratione loci to consider the petition,
insofar as it concerns rights protected by the American Convention that
are alleged to have been violated within the territory of a State party to
the Convention. The IACHR is competent ratione temporis insofar as the
obligation to respect and guarantee the rights protected in the American
Convention was already in force for the State on the date on which the
acts referred to in the petition are alleged to have occurred. Lastly, the
Commission is competent ratione materiae, because the petition
complains of violations of human rights that are protected by the
American Convention
B.
Admissibility requirements
1.
Exhaustion of domestic remedies
36.
Article 46(1) of the American Convention provides as a
requirement for admissibility “that the remedies under domestic law
have been pursued and exhausted in accordance with generally
recognized principles of international law.”3 Both the Inter-American
3 See I/A Court H.R., Exceptions to the Exhaustion of Domestic Remedies (Articles
46(1), 46(2)(a) and 46(2)(b) American Convention on Human Rights). Advisory
Opinion OC-11/90 of August 10, 1990, Series A Nº 11, para. 17.
7
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