that the arguments on admissibility were inappropriate at that procedural stage, and
therefore did not rule on the matter.
d)
Admissibility of individual petitions and Article 46 of the American
Convention
56.
The Court has indicated that “the processing of individual petitions is governed
by guarantees that ensure the parties may exercise their right of defense in the
proceedings. These guarantees are: (a) those related to conditions for the admissibility
of the petitions (Articles 44 to 46 of the Convention),15 and (b) those relating to the
adversarial principles (Article 48 of the Convention),16 and procedural balance. It is
also necessary to mention here the principle of legal certainty (Article 39 of the
Commission’s Rules of Procedure).”17
57.
Specifically, Article 46(1)(b) establishes the admissibility requirement for filing
a petition that it be 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.”
58.
In this regard, the Court notes that while, in Admissibility Report No. 3/02, the
Inter-American Commission examined the admissibility of the petition in relation to the
administrative proceeding in accordance with Article 46(1)(b) of the Convention, the
said report included violations allegedly committed during the criminal proceedings
that had concluded in 1989, without ruling on the said admissibility requirement in
relation to those proceedings.
59.
This Court finds it relevant to note that, when submitting the initial petition on
November 2, 1994, the criminal proceedings had already concluded with the dismissal
of the case against the Mr. Grande on January 24, 1989; that is, four years and ten
months before the case was submitted to the inter-American system. It was in 1992
that the First Instance Judge decided to admit the claim for damages filed by Mr.
Grande, a proceeding in which the final remedy concerning this claim was exhausted
with the decisions of Federal Appellate Chamber on June 10, 1993, and the Supreme
Court of Justice on April 12, 1994. The latter decision was notified on May 3, 1994.
15
It is worth recalling that Article 46 of the American Convention establishes that the admissibility of a
petition or communication lodged before the Inter-American Commission under Articles 44 or 45 of the
Convention is subject to the remedies under domestic law having been pursued and exhausted in accordance
with generally recognized principles of international law. In addition, this Court has consistently maintained that
an objection to the exercise of the Court’s jurisdiction based on the alleged failure to exhaust domestic remedies
must be presented at the appropriate procedural moment; that is, during the admissibility procedure before the
Commission. Cf. Case of Velásquez Rodríguez v. Honduras. Preliminary objections. Judgment of June 26,
1987. Series C No. 1, para. 85; Case of Vera Vera et al. v. Ecuador. Preliminary objection, merits,
reparations and costs. Judgment of May 19, 2011. Series C No. 224, para. 13, and Case of Mejía Idrovo v.
Ecuador. Preliminary objections, merits, reparations and costs. Judgment of July 5, 2011. Series C No. 228,
para. 27.
16
Advisory Opinion OC-19/05 on Control of Due Process in the Exercise of the Powers of the InterAmerican Commission on Human Rights (Arts 41 and 44 to 51 of the American Convention on Human
Rights), supra note 8, cited in this regard Articles 36, 37, 43 and 44 of the Rules of Procedure of the InterAmerican Commission on Human Rights approved during its 137th regular session held from October 28 to
November 13, 2009.
17
Cf. Control of Due Process in the Exercise of the Powers of the Inter-American Commission on
Human Rights (Arts. 41 and 44 to 51 of the American Convention on Human Rights). Advisory Opinion OC19/05, supra note 8, para. 27. In addition, it is worth pointing out that, currently, the principle of legal
certainty is regulated in Article 38 of the Inter-American Commission’s Rules of Procedure approved by the
Commission at its 137th regular session held from October 28 to November 13, 2009.
14