did they ask the Nicaraguan judicial authorities to participate in the
proceedings. Nicaragua notes that legal remedies are set down in law for all
persons, irrespective of their nationality or legal status, and it adds that if the
mechanisms afforded by domestic jurisdiction were not exhausted, that was
simply because at the time charges were brought regarding this incident, the
alleged victims did not notify Nicaraguan authorities of their interest in
pursuing domestic remedies. Nevertheless, the Office of the Attorney General
for Justice pressed charges against the alleged perpetrators and prosecuted
them by jury trial in accordance with Nicaraguan law.
35.
With regards to the alleged violation of the principle of
equality before the law, the State denies the existence of any discrimination
and repeats that the alleged victims’ rights were specifically protected through
the public prosecutors’ representation in the proceedings. It also emphasizes
that most of the victims did participate in those proceedings through
declarations and statements.
36.
With regards to the alleged abridgment of the right of free
circulation, the State maintains that no such violation exists, in that the
alleged victims entered the country illegally, at a location not set up as a
border post, without passing through migration controls, and in breach of
domestic law. It holds that there can not be a violation of Articles 22.1 and
22.4 of the American Convention for illegal immigrants.
37.
The State requests that because the petitioner’s allegations
do not constitute violations of the American Convention and American
Declaration and are manifestly groundless and out of order, the InterAmerican Commission should rule the petition inadmissible under Article 46
and 47 of the American Convention. Likewise, the State requests that the
petition also not be admitted because the petitioner failed to exhaust domestic
remedies, as required by Article 46 of the Convention..
IV.
A.
ANALYSIS OF ADMISSIBILITY AND COMPETENCE
Competence of the Commission ratione materiae, ratione
personae, ratione temporis, and ratione loci
38.
The petitioner is entitled, under Article 44 of the American
Convention, to lodge complaints with the IACHR. The petition names, as its
alleged victims, individual persons with respect to whom Nicaragua had
assumed the commitment of respecting and ensuring the rights enshrined in
the American Convention. The Inter-American Commission therefore has
competence ratione personae to examine the complaint.
8