17
However, the aforementioned communication says nothing about compliance with the rule of
prior exhaustion of domestic remedies, as required by Articles 46(1)(a) of the Convention and
29(d) of the Commission's Rules of Procedure, in force at the time.
Nor does the communication invoke the provisions of Articles 46(2) of the Convention and 34(3)
of the aforementioned Rules of Procedure, i.e., it does not allege any grounds for being unable
to comply with the rule of prior exhaustion of domestic remedies.
B. Study and initial processing
On the other hand, there is no record that the Commission’s Executive Secretariat requested
that CEAPAZ complete the petition, as required by Article 27(2) of the aforementioned regulatory
text.
Likewise, there is no record in the case file that the Executive Secretariat decided, in accordance
with Article 31(1) of the Commission's Rules of Procedure, to process the petition because it
considered that it met the requirements set forth in Article 46 of the Convention.
In any case, if such a decision was adopted, it is not clear from the record whether it was adopted
because of compliance with the provisions of Article 46(1) of the Convention, i.e., prior
exhaustion of domestic remedies, or because one of the hypotheses set forth in Article 46(2) of
the Convention was invoked and proven, i.e., one of the grounds for exemption from this
obligation was alleged.
Finally, it should be noted that there is no record of the Commission having requested CEAPAZ,
in accordance with the provisions of Article 30 of its Rules of Procedure, to complete the petition
or, in accordance Article 32(a) of the same text, to clarify any remaining doubts.
C. Those contained in the State’s response or observations
In a note dated November 4, 1991 in response to the petition, the State reported that “the Joint
Command of the Armed Forces, after the conducting investigations, has reported that it has been
proven that a patrol of the Counterinsurgency Battalion No. 43-PAMPAS, committed excesses
against fourteen (14) peasants, presumed to be subversive criminals from the Rodeo Pampa
peasant community” and that “the Ministry of Defense (…) reports that the corresponding
complaint against [various persons] has been referred to the Court Martial of the Second Army
Judicial District.”
Later, in a communication of September 21, 1992, the State made it known that “(t)he criminal
proceeding initiated is currently (...) in the second jurisdictional instance, which will issue the
respective judgment soon” and that “in the present case, the domestic jurisdiction has not been
exhausted.” For that reason, “it requests that we proceed accordingly.” Thus, the State filed, in
the petition itself, the objection regarding the non-exhaustion of domestic remedies with respect
to the petition.
Thus, in accordance with Article 31(1)(c) of the Commission's Rules of Procedure, the State
responded to the pertinent parts of the petition that were transcribed, just as the petition was
“lodged” and, therefore, did not have to demonstrate the domestic remedies that had not been
exhausted or which were adequate, suitable and effective, given that the petition, as indicated
above, did not allege prior exhaustion of domestic remedies or the impossibility of complying
with this requirement. If the petition had argued compliance with the requirements of Article 46
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