11
admissibility,34 all of the foregoing carried out by the Executive Secretariat of the
Commission, acting on its behalf.
Now, and as indicated previously, the latter should make the decision on the
admissibility of the pertinent petition in the terms in which it was expressed at the time
of its presentation or, at most, of its completion at the request of the Commission’s
Executive Secretariat, and not in the terms in which it is expressed at the time at which
the decision on its admissibility is made. In particular, and in addition to what has been
said previously, this is because it is the initial petition that is forwarded to the State for
the latter to answer,35 and because the decision on its admissibility is adopted after
considering the respective positions of the parties. 36
The preceding assertion that the Commission must rule on the petition is consistent with
other provisions of its Rules of Procedure which stipulate that, during the initial
processing of the petition, if the petition does not meet the pertinent requirements,
including the prior exhaustion of domestic remedies, the Commission’s Secretariat is
authorized to request the petitioner to “complete” it.37 To this end, during the abovementioned initial processing – in other words, when the corresponding petition has been
lodged – the said Secretariat must evidently “study” whether it meets the said
requirements,38 and, during the proceedings on the admissibility of the petition, the
Commission itself “verifies” whether the domestic remedies have been pursued and
exhausted;39 in other words, it examines the petition and ensures that this is true.40
Hence, these Rules of Procedure do not establish that it is at the time the Commission
decides on the admissibility of the petition that the said remedies must be pursued and
exhausted, but rather that, at that time, they should already have been pursued and
exhausted. Logically, therefore, they must have been pursued and exhausted before the
petition was lodged before the Commission.
Now, it has been indicated that the Convention did not determine a time limit, following
the lodging of the corresponding petition, for the Commission to rule on its admissibility.
33
Art. 29(1) of the Commission’s Rules of Procedure: “The Commission, acting initially through the
Executive Secretariat, shall receive and carry out the initial processing of the petitions presented. Each petition
shall be registered, the date of receipt shall be recorded on the petition itself and an acknowledgement of
receipt shall be sent to the petitioner.”
34
Art. 36(1) and 2 of the Commission’s Rules of Procedure: “Decision on Admissibility. 1. Once it has
considered the positions of the parties, the Commission shall make a decision on the admissibility of the
matter. The reports on admissibility and inadmissibility shall be public and the Commission shall include them
in its Annual Report to the General Assembly of the OAS. 2. When an admissibility report is adopted, the
petition shall be registered as a case and the proceedings on the merits shall be initiated. The adoption of an
admissibility report does not constitute a prejudgment as to the merits of the matter.”
35
Art. 30(2) of the Commission’s Rules of Procedure: “For this purpose, it shall forward the relevant
parts of the petition to the State in question. The request for information made to the State shall not
constitute a prejudgment with regard to any decision the Commission may adopt on the admissibility of the
petition.”
36
Art. 36(1) of the Commission’s Rules of Procedure: “Once it has considered the positions of the
parties, the Commission shall make a decision on the admissibility of the matter. The reports on admissibility
and inadmissibility shall be public and the Commission shall include them in its Annual Report to the General
Assembly of the OAS.”
37
Art. 29(3): “If the petition does not meet the requirements of these Rules of Procedure, the
Commission may request that the petitioner or his or her representative complete them in accordance with
Article 26.2 of these Rules.”
38
Art. 26(1) of the Commission’s Rules of Procedure, transcribed above.
39
Art. 31(1) of the Commission’s Rules of Procedure: “In order to decide on the admissibility of a
matter, the Commission shall verify whether the remedies of the domestic legal system have been pursued
and exhausted in accordance with the generally recognized principles of international law.”
40
Diccionario de la Lengua Española, Real Academia Española, 22nd edition, Madrid, 2001.