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

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