14. The Commission has jurisdiction
prima facie to examine the petition on the matter. The
petitioner has
locus standi in order to appear and has submitted a case concerning violation of
norms established in the Convention by agents of a State Party to the Convention. The events
alleged in the petition occurred when the obligation to respect and guarantee the rights
1
established in the Convention was already in force for the Chilean State.1
V.
ADMISSIBILITY OF THE INSTANT CASE
1. Exhaustion of domestic remedies
15. According to the claimants, in this case the requirement of exhaustion of Domestic remedies
has been met, in accordance with the provisions of Article 46 of the American Convention and
Article 37 of the Regulations of the Commission; the Government of Chile has not filed objections
in this regard.
2. Punctuality of the presentation
16. The Commission considers that the petition was presented within the period of 6 months
established in Article 46(1)(b) of the American Convention.
3. Concurrency of legal actions
17. The Commission understands that the subject of the petition is not pending in another
international proceeding for settlement, nor does it duplicate a petition already examined by this
body or another international organization. Therefore, the requirements established in Articles
46(1)(c) and 47(d) are also satisfied.
4. Grounds of the petition
18. The Commission considers that, in principle, the petition refers to events that could constitute
a violation of rights guaranteed in the American Convention. Inasmuch as the petition is not
manifestly groundless or obviously out of order, the Commission considers the requirements of
Article 47(c) satisfied.
VI.
CONCLUSIONS
19. The Commission considers that it has jurisdiction to hear this case; and, that it is admissible
according to the requirements established in Articles 46 and 47 of the American Convention.
Based on the arguments of fact and law stated above,
THE INTERAMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1. To declare this case admissible.
2. To send this report to the State of Chile and to the petitioner.
1 Chile ratified the Treaty and accepted the jurisdiction of the Court on August 21, 1990, with the reservation that it
apply to events subsequent to March 11, 1990.
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3