American Convention. Mexico has been a party to the American Convention since
March 24, 1981, the date on which it deposited the corresponding instrument of
ratification. The Commission therefore has competence ratione personae to
examine the complaint.
43.
Similarly, the Commission has competence ratione loci to examine
the petition, since it alleges violations of rights protected by the American
Convention occurring under the jurisdiction of the State. The Commission has
competence ratione temporis to study the claim since the obligation to respect and
ensure the rights protected by the American Convention was already in force for
the State on the date on which the incidents described in the petition allegedly
occurred.
44.
Finally, the Commission has competence ratione materiae to
examine this case, since the petition describes possible violations of human rights
protected by the American Convention.
B.
Other admissibility requirements of the petition
1.
Exhaustion of domestic remedies
45.
Article 46.1.a of the American Convention states that for a
complaint lodged with the Inter-American Commission in compliance with Article
44 of the Convention to be admissible, the remedies available under domestic law
must have first been pursued and exhausted in accordance with generally
recognized principles of international law. However, Article 46.2 provides that this
requirement shall not apply 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.
46.
In this connection, the Inter-American Court has maintained that
petitioners must only exhaust those remedies that are “appropriate” for redressing
the alleged violation. It should be noted that the function of those remedies within
the domestic legal system must be suitable for addressing an infringement of a
legal right.
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