40. In the month of December, 2008 the State reported, without
providing any further additional information, that the Department of Ex
Gratia Pensions of the Ministry of the Interior, had granted an increase
in the ex gratia pension benefit to Mr. Vinicio Poblete Tapia on
September 11, 2008.
41. Finally, the State categorically denies the statements made
by the Poblete family to the press, in which they asserted that the
Director for Human Rights of the Ministry of Foreign Affairs had offered
them a monetary compensation in exchange for their abandonment of
their claims before international organizations.
IV. ANALYSIS OF ADMISSIBILITY
A. Competence of the Commission
42. According to the provisions of article 44 of the American
Convention, the petitioners have standing to file a petition before the
Commission. The instant petition indicates that the alleged victim was
under the jurisdiction of the Chilean State at the time of the facts
alleged. Regarding the State, Chile is a State-Party to the American
Convention, having deposited its instrument of ratification on August 21,
1990. Consequently, the Commission is competent ratione personae to
examine the complaint. The Commission is also competent ratione
materiae because the petitioners claim that there have been violations
of rights protected by the American Convention.
43. The Commission is competent ratione tempore to examine
the petition because it is based on the allegation of facts occurred from
January 17, 2001 onwards. The facts alleged therefore occurred after
the entry into force of the obligations of the State as a party to the
American Convention. In addition, since the petition alleges the violation
of rights protected by the American Convention within the territory of a
State-Party, the Commission concludes that it is competent ratione loci
to examine the case.
B. Other requirements for the admissibility of the petition
1. Exhaustion of domestic remedies
44. Article 46 of the American Convention establishes, for the
admission of a case, the requirement that “the remedies under domestic
law have been pursued and exhausted in accordance with generally
recognized principles of international law.” The purpose of this
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