19.
The State alleges that the existence of a ruling unfavorable to the interests of the alleged victims
does not constitute a violation of the rights contained in the American Convention, that the remedies
pursued in the domestic jurisdiction were adequate, effective, and appropriate, and that the decisions
were properly supported and cannot be declared to have been arbitrary. In view of the above, the State
asserts that the alleged facts have been the subject of domestic decisions in three different and
autonomous jurisdictions, in accordance with due process, and that the decisions were not appealed;
thus, the Commission cannot act as a court of fourth instance.
IV.
ANALYSIS OF ADMISSIBILITY
A.
Competence ratione materiae, ratione personae, ratione temporis and ratione loci of the
Commission
20.
The petitioners are authorized by Article 44 of the American Convention to submit petitions to the
Commission. The petition indicates as victims individuals with respect to whom the Colombian State has
committed to respect and guarantee the rights enshrined in the American Convention. With respect to the
State, the Commission indicates that Colombia has been a State Party to the American Convention since
July 31, 1977, the date on which it deposited its ratifying instrument. Therefore, the Commission is
competent ratio personae to examine the petition. In addition, the Commission is competent ratione loci
to hear the petition in that it alleges violations of rights protect in the American Convention that would
have occurred within the territory of Colombia, a State Party to that convention.
21.
The Commission is competent ratione temporis in that the obligation to respect and guarantee the
rights protected in the American Convention were already in effect for the State on the date the events
alleged in the petition would have occurred. Finally, the Commission is competent ratione materiae
because the petition alleges possible violations of human rights protected by the American Convention.
B.
Admissibility requirements
1.
Exhaustion of domestic resources
22.
In order for a complaint regarding the alleged violation of the provisions of the American
Convention to be admitted, it must meet the requirements established in Article 46.1 of that international
instrument. Article 46.1.a) of the Convention provides that in order to determine the admissibility of a
petition or communication submitted to the IACHR in accordance with Articles 44 or 45 of the Convention,
the domestic remedies must have been pursued and exhausted, in accordance with generally recognized
principles of international law.
23.
Article 46.2 of the Convention provides that the prior exhaustion of domestic remedies
requirement is not applicable when (a) the domestic legislation of the State concerned does not afford
due process of law for the protection of the right or rights that have allegedly been violated; (b) the party
alleging violation of his rights has been denied access to the remedies under domestic law or has been
prevented from exhausting them; or (c) there has been unwarranted delay in rendering a final judgment
under the aforementioned remedies.
24.
The Commission must first clarify which domestic remedies should be exhausted in the
instant case. The Commission and the Inter-American Court have indicated that only remedies suitable
for resolving the violations allegedly committed must be exhausted. The suitability of remedies means
that
The function of these resources within the internal legal system is appropriate to protect the legal
situation infringed upon. In all internal legal systems, there are multiple resources, but not all of
them are applicable in every circumstance. If, in a specific case, the resource is not adequate, it is
obvious that it need not be exhausted. This is indicated in the principle that the norm is designed to
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