4. Mandatory rule In accordance with the foregoing, we may also recall article 47(a), which states that: “(T)he Commission shall declare inadmissible any petition or communication lodged in accordance with Articles 44 or 45 when: any of the requirements indicated in Article 46 has not been met.” In other words, this provision is imperative. The Commission must declare inadmissible “any petition or communication lodged” that has not exhausted the domestic remedies or that does not reflect one of the situations contemplated in Article 46(2). Evidently, the Commission cannot do otherwise than what has been indicated - such as, for example - declaring a petition or communication admissible even though, at the time it is “lodged” the requirement of prior exhaustion of domestic remedies has not been met, but has been met at the time it is “admitted”, since if it does so, as it has effectively and repeatedly done, it renders the aforementioned Article 46(1) meaningless and even the petition itself. Indeed, if it does not require the exhaustion of domestic remedies prior to the filing of the petition or that the petition be filed within six months after final notification, it could not require that “the subject of the petition or communication is not pending in another international proceeding for settlement” or that it “contains the name, nationality, profession, domicile and signature of the person or persons or of the legal representative of the entity lodging the petition,” requirements that are also stipulated in Article 46 of the Convention, since all of this could be remedied later and, in any case, before the declaration of admissibility, which is clearly not in accordance with the provisions of this rule. 5. Presentation and admissibility of the petition Finally, it should be noted that the aforementioned articles of the Convention do not indicate that the requirements must be met at the time the Commission rules on the admissibility of the petition or communication. Rather, it can be argued that the aforementioned articles of the Convention distinguish between two moments, namely, one in which the petition or communication is “lodged” or filed, and the other in which it is “admitted.” This would also be supported by the provisions of Article 48(1)(a) and, likewise, by the provisions of subparagraphs b) and c) of the same article, which establish that: “When the Commission receives a petition or communication alleging violation of any of the rights protected by this Convention, it shall proceed as follows: [...] b) After the information has been received, or after the period established has elapsed and the information has not been received, the Commission shall ascertain whether the grounds for the petition or communication still exist. If they do not, the Commission shall order the record to be closed; c) The Commission may also declare the petition or communication inadmissible or out of order on the basis of information or evidence subsequently received.” 7

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