F. Extemporaneous submission of the petitions of Miguel Mora Calvo (Group 7),
Manuel Hernández Quesada (Group 6), Guillermo Rodríguez Silva and Martín Rojas
Hernández (Group 5)
F.1. Arguments the parties and the Commission
117. The State filed a preliminary objection ratione temporis alleging that the petitions of
Manuel Hernández Quesada, Miguel Mora Calvo, Guillermo Rodríguez Silva and Martín Rojas
Hernández should be declared inadmissible because they were submitted to the Commission
after the six-month period allowed for their presentation, following notification of the decision
that exhausted the remedy, pursuant to Article 46(1)(b) of the Convention.
118. The Commission asked the Court to declare inadmissible the preliminary objection
ratione temporis, which does not question [the Court’s] temporal jurisdiction, but addresses
a different matter, that is, the requirement of timely submission of the petition which is
actually an admissibility requirement closely linked to the exhaustion of domestic remedies.
It argued that, since the objection of exhaustion of domestic remedies under Article 46(2) (a)
of the Convention had been established, the six-month deadline for submitting the petition
after the final decision was not applicable, and therefore the petitions were submitted within
a reasonable time in accordance with Article 32 of the Commission’s Rules of Procedure.
119.
The common interveners Factum Consorcio did not present observations.
120. The Inter-American Defenders explained that the State confused the objection
ratione temporis with the untimeliness of the petition. In this regard, they argued that the
State’s allegation is erroneous and untimely inasmuch as it made the same allegation before
the Commission and the latter, in Admissibility Report 105/11, made it clear that the analysis
of the temporality of said petitions was carried out based on the exception of reasonableness,
pursuant to Article 46(2)(a) of the Convention. Finally, they noted that the State has not
expressed any opposition to the reasonableness of Article 46(1) of the Convention and
referred to the vulnerability and state of defenselessness in which the alleged victims would
find themselves, given that the State had not personally notified each of them of the final
decision on their appeals or special review procedure. They pointed out that because the
alleged victims were – and remain – deprived of their liberty, they are vulnerable persons in
accordance with the 100 Brasilia Rules, and the institutions that administer justice have an
obligation to ensure they have efficient and effective access to judicial protection. However,
the State assumes that the notifications to the offices or facsimiles of the attorneys are
sufficient to consider the end of a proceeding or res judicata as having been notified. In the
hearing on preliminary objections, they indicated that in the absence of a remedy consistent
with Article 8(2)(h) of the Convention, the alleged victims were not obliged to calculate the
six-month time limit for submitting their petitions before the Commission.
121. The SIPDH representatives pointed out that the State refers to the preliminary
objection ratione temporis as one which would be a question of untimely presentation of the
petition, an allegation that it did not expressly and clearly invoke at the appropriate procedural
moment before the Commission.
F.2. Considerations of the Court
122. First, this Court recalls that the objection ratione temporis refers to its competence to
rule on violations that occurred after the date on which the State recognized its jurisdiction
44