ratification on June 23, 1978. Accordingly, the Commission is competent ratione personae to
examine the allegations.
20. In addition, it is competent ratione materiae because the petitioners adduce violations of
rights protected by the American Convention. The State notes that the applicable law during
the internal armed conflict was international humanitarian law. In this respect, the Commission
considers that the circumstance that some of the facts alleged had occurred in the context of
an armed conflict does not negate the power of this Commission to rule on them. Article 27 of
the Convention allows for the suspension of certain rights in the context of armed conflicts, but
by no means does it suspend the force of the Convention in its entirety, nor deprive this
Commission of its powers. While these considerations are put forth here, the IACHR must still
analyze the obligations of the State that emanate from the Convention in light of the
provisions of international humanitarian law, which will be used in the interpretation aslex
specialis.
21. The Commission is competent ratione temporis to examine the allegations. The petition
was based on allegations concerning events that took place as of August 25, 1982, the date
the disappearance of the Contreras siblings is alleged to have begun. The facts adduced
occurred, therefore, after the entry into force of the State’s obligations as a party to the
American Convention. In addition, as the petition alleges violations of rights protected under
the American Convention that took place in the territory of a state party, the Commission
concludes that it is competent ratione loci to take cognizance of it.
B.
Other requirements for the admissibility of the petition
22. Article 46 of the Convention establishes additional requirements, as follows:
1.Admission by the Commission of a petition or communication lodged in accordance with
Articles 44 or 45 shall be subject to the following requirements:
a.that the remedies under domestic law have been pursued and exhausted in accordance with
generally recognized principles of international law;
b. that the petition or communication is lodged within a period of six months from the date on
which the party alleging violation of his rights was notified of the final judgment;
c.that the subject of the petition or communication is not pending in another international
proceeding for settlement; and
d. that, in the case of Article 44, the petition contains the name, nationality, profession,
domicile, and signature of the person or persons or of the legal representative of the entity
lodging the petition.
The requirements established by this Article have exceptions, as follows:
2.The provisions of paragraphs 1.a and 1.b of this article shall not be applicable when:
a.the domestic legislation of the state concerned does not afford due process of law for the
protection of the right or rights that have allegedly been violated;
b.the party alleging violation of his rights has been denied access to the remedies under
domestic law or has been prevented from exhausting them; or
c.there has been unwarranted delay in rendering a final judgment under the aforementioned
remedies.
1.
Exhaustion of domestic remedies
5