American Convention. Mexico has been a party to the American Convention since March 24, 1981, the date on which it deposited the corresponding instrument of ratification. The Commission therefore has competence ratione personae to examine the complaint. 43. Similarly, the Commission has competence ratione loci to examine the petition, since it alleges violations of rights protected by the American Convention occurring under the jurisdiction of the State. The Commission has competence ratione temporis to study the claim since the obligation to respect and ensure the rights protected by the American Convention was already in force for the State on the date on which the incidents described in the petition allegedly occurred. 44. Finally, the Commission has competence ratione materiae to examine this case, since the petition describes possible violations of human rights protected by the American Convention. B. Other admissibility requirements of the petition 1. Exhaustion of domestic remedies 45. Article 46.1.a of the American Convention states that for a complaint lodged with the Inter-American Commission in compliance with Article 44 of the Convention to be admissible, the remedies available under domestic law must have first been pursued and exhausted in accordance with generally recognized principles of international law. However, Article 46.2 provides that this requirement shall not apply 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. 46. In this connection, the Inter-American Court has maintained that petitioners must only exhaust those remedies that are “appropriate” for redressing the alleged violation. It should be noted that the function of those remedies within the domestic legal system must be suitable for addressing an infringement of a legal right. 11

Seleccionar párrafo de destino3