16.
Honduras claims that domestic remedies have not been
exhausted and that there was no unwarranted delay of justice; that the
proceedings against the parties allegedly implicated continues in the
Honduran courts. It claims that in the case of the persons whose
charges were dismissed, the principle of presumption of innocence was
applied and that the fact that one of the defendants has already been
found guilty establishes the suitability, appropriateness and
effectiveness of domestic judicial remedies to provide legal protection to
the parties.
IV.
ANALYSIS OF ADMISSIBILITY
A.
Competence ratione personae, rationae materiae, ratione
temporis, and ratione loci of the Commission
17.
Pursuant to Article 44 of the American Convention and Article 23
of the IACHR’s Rules of Procedure, the petitioners, as legally recognized
non-governmental entities, are entitled to file petitions to the
Commission related to alleged violations of the rights contained in the
American Convention. Regarding the State, Honduras is a party to the
Convention and hence is responsible internationally for the violations of
that treaty. The petitioners claim Carlos Alfonso Escaleras Mejía and his
family, i.e., his wife Martha Mercedes Alvarenga Reyes and his children
Douglas Arnaldo Escaleras and Emerson Alexander Escalera as the
alleged victims. These are all human beings whose rights are contained
in the Convention, rights which the State has the duty to guarantee.
Based on all of the above, the Commission has competence ratione
personae to examine the petition.
18.
The Commission has competence ratione materiae because the
petition refers to alleged violations of human rights protected by Articles
4, 5, 8, 25 and 1(1) of the American Convention. It has competence
ratione temporis because the alleged actions occurred when the
obligations of respecting and guaranteeing the rights contained in the
Convention were already in force for the Honduran State, which ratified
the instrument on September 8, 1977. Finally, the Commission has
competence ratione loci because the alleged facts occurred in the
territory of the Republic of Honduras which, as said before, is a party to
the American Convention.
B.
Admissibility requirements for the petition
1.
Exhaustion of domestic remedies
7
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos