33.
The Commission has ratione temporis competency because
the obligation to respect and guarantee the rights protected under the
American Convention was already in force for the State on the date in
which the facts alleged in the petition occurred. Finally, the Commission
has ratione materiae competency because the petition denounces
possible violations of human rights protected by the American
Convention.
B.
Admissibility Requirements
1.
Exhaustion of domestic remedies
34.
Article 46.1.a of the American Convention requires the prior
exhaustion of remedies available in the domestic jurisdiction in
accordance with principles of international law generally recognized, as a
requirement for admission of claims about the alleged violation of the
American Convention. Article 46.2 of the Convention provides that the
requirement of prior exhaustion of domestic remedies is not applicable
when:
a)
b)
c)
the domestic law of the pertinent State does not
contain the legal due process for the protection of the
right or rights that have allegedly been violated;
the alleged injured party has not been allowed, in
exercise of his rights, access to the remedies within
the domestic jurisdiction, or has been prevented from
exhausting them; and
there has been unwarranted delay in the decision
on these remedies.
35.
First, it must be clarified what are the remedies to be
exhausted in this case. The Inter-American Court noted that only the
adequate recourses to remedy the violations allegedly committed must
be exhausted. For recourses to be adequate means that
The role of such recourses within the domestic legal system
is appropriate to protect the legal situation violated. In all
domestic legal systems there are multiple recourses, but not
all are applicable in all circumstances. If in a particular case
the remedy is not adequate, it is obvious that it must not be
exhausted. This follows the principle that the rule is intended
to produce an effect and can not be interpreted as meaning