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

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