“passive” in the face of the prosecution against him and thereby effectively “acquiesced” with
respect to his procedural situation. The State indicated that Mr. Grande was only detained for 14
days, and that he never filed a judicial complaint or produced any proof that he was subjected to
abuse during that period. The State maintained that it was precisely in observance of the
principle of the presumption of innocence that the charges against him were definitively dismissed
due to the improbability of finding additional proof against him.
30. With respect to Mr. Grande’s unsuccessful attempt to seek compensation through the courts,
the State contended that his petition before the Commission simply manifests his disagreement
with the decision of a competent court taken within the scope of its jurisdiction. Accordingly, the
State maintained that the petition seeks to have the Commission substitute its judgment for that
of the Argentine courts on matters of internal law, and as such, falls outside the Commission’s
competence.
31. The State affirmed that Mr. Grande enjoyed full access to judicial remedies, and has set forth
no facts tending to demonstrate a violation of his right to due process. The State further
indicated that the alleged violation of the right to compensation under Article 10 of the American
Convention is inadmissible. The State noted that this Article refers to the right to compensation
for a final sentence issued due to judicial error, while there was no such final sentence issued
against Mr. Grande, but only the definitive dismissal of all charges against him.
IV.
ANALYSIS OF ADMISSIBILITY
A.
Competence of the Commission ratione personae, ratione materiae, ratione
temporis and ratione loci
32. The Commission is competent to examine the petition in question. In accordance with the
terms of Article 44 of the American Convention, the petitioners have standing to present a claim
before the Commission. The petition under study indicates that the alleged victim was subject to
the jurisdiction of the Argentine State at the time of the alleged facts. Argentina has been a
member State of the Organization of American States since its ratification of the OAS Charter in
1948, and as such subject to the jurisdiction of the Commission in respect of individual complaints
since that competence was established by statute in 1965 with reference to the terms of the
American Declaration of the Rights and Duties of Man (hereinafter “American Declaration”).
Argentina has been subject to the Commission’s jurisdiction under the terms of the American
Convention since it deposited its instrument of ratification on September 5, 1984. Accordingly,
the Commission has the competence ratione personae to examine the claims presented.
33. Insofar as the petition raises complaints concerning rights set forth in the American
Convention, namely Articles 8 and 10, the Commission has the competence ratione materiae to
review it.
34. The State argues that the present petition is inadmissible ratione temporis because the initial
facts upon which it is predicated predate the entry into force of the American Convention for
Argentina. With respect to those initial facts, as noted above, the American Declaration of the
Rights and Duties of Man sets forth the standards applicable to the Commission’s review. For any
member State that has yet to ratify the American Convention, the fundamental rights it
undertakes to uphold as a Party to the OAS Charter are those set forth in the American
Declaration, which constitutes a source of international obligation.1 The Commission’s Statute and
Rules of Procedure provide additional norms concerning the exercise of its jurisdiction in this regard.
That jurisdiction was in effect at the time of the first facts alleged by the petitioners, and the
Declaration, like the Convention, protects the right to due process (Articles XVII and XVIII)
1 IACtHR, Advisory Opinion OC-10/89, July 14, 1989, "Interpretation of the American Declaration of the Rights and Duties of Man within
the Framework of Article 64 of the American Convention on Human Rights," Ser. A Nº 10, paras. 43 - 46.
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