be perverse – for submissions to be made to the Inter-American Commission even
when the said requirement had not been met as mandated by the aforementioned
article of the Convention, in the hope that it could be met subsequently; in other
words, prior to the Commission’s ruling on admissibility. In addition, situations of
evident injustice or arbitrariness would arise insofar as the proper moment to comply
with the said requirement would depend not on the victim or the petitioner, as
provided for in Article 46(1)(a) of the American Convention, but rather on the decision
of the Commission when determining the admissibility or inadmissibility of the petition.
Eduardo Vio Grossi
Judge
Pablo Saavedra Alessandri
Secretary
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