53. The State explains that the evaluation and positive assessment without reinstatement made
by the Interior Ministry’s Special Commission, the special ceremony of apology and vindication,
the recalculation of his length of service, and the granting to the petitioner of a renewable
retirement pension were made under Law 28805, which authorizes the reinstatement of officers,
technicians, and noncommissioned members of the Peruvian Armed Forces and National Police.
The State emphasizes that Mr. Zegarra Marín was not reinstated because he had exceeded the
age limit.
IV.
ANALYSIS OF ADMISSIBILITY
A.
Competence
1.
Competence of the Commission ratione personae, ratione loci, ratione temporis,
and ratione materiae
54. The petitioner is entitled, under Article 44 of the Convention, to submit complaints on his
own behalf. The alleged victim in the case was under the jurisdiction of the Peruvian State at
the time of the alleged incidents. In addition, the State of Peru ratified the American Convention
on July 28, 1978. Consequently, the Commission has competence ratione personae to examine
the petition.
55. The Commission has competence ratione loci to deal with the petition since it alleges
violations of rights protected by the American Convention occurring within the territory of a State
Party thereto.
56. In addition, the Commission has competence ratione temporis since the general obligation
of respecting and ensuring 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.
57. Finally, the Commission has competence ratione materiae, since the petition describes
alleged violations of human rights that are protected by the American Convention.
B.
Exhaustion of Domestic Remedies
58. Article 46.1.a of the American Convention states that for a complaint lodged with the InterAmerican 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. That requirement is
intended to facilitate the domestic authorities’ examination of the alleged violation of a protected
right and, if appropriate, to enable them to resolve it before it is brought before an international
venue.
59. The Peruvian State claims that the petitioner did not exhaust the available domestic
remedies, in that he did not request his reinstatement in the PNP following his forced retirement.
In turn, the petitioner claims he filed appeals against his conviction and against the resolution
whereby he was retired from duty. The petitioner further reports that he later filed charges for
the crime of perverting the course of justice against the judges who convicted him.
60. As the Commission sees it, the petitioner describes three different incidents that, in his
opinion, constituted violations of his rights: (i) his arrest for more than eight months during his
criminal trial; (ii) the decision to retire him on staff renewal grounds; and (iii) the inversion of
the burden of proof regarding his guilt and his ensuing conviction.
61. Regarding the first of these points, the information available indicates that when the petition
was presented, Mr. Zegarra Marín was no longer in prison, since an order was adopted during
the proceedings declaring his preventive custody inadmissible. Thus, that aspect of the petition
7