1998, as well as Articles 26, 36 29 37 and 30 38 of the Commission’s 2000 Regulations, 39 in force
when it forwarded the petition to the State on December 21, 2001. Both these Regulations,
and also the current Rules of Procedure, 40 differentiate the admissibility stage from a stage
it considers most expeditious. 3. The request for information shall not constitute a prejudgment with regard to the
decision the Commission may finally adopt on the admissibility of the petition. 4. In transmitting the pertinent
parts of a communication to the government of the State in question, the identity of the petitioner shall be
withheld, as shall any other information that could identify him, except when the petitioner expressly authorizes in
writing the disclosure of his identity. 5. The information requested shall be provided as soon as possible, within 120
days after the date on which the request is sent. 6. The government of the State in question may, with justifiable
cause, request a 30 day extension, but in no case shall extensions be granted for more than 180 days after the
date on which the first communication is sent to government of the State concerned. 7. The pertinent parts of the
reply and the documents provided by the government shall be made known to the petitioner or to his
representative, who shall be asked to submit his observations and any available evidence to the contrary within 30
days. 8. On receipt of the information or documents requested, the pertinent parts shall be transmitted to the
government, which shall be allowed to submit its final observations within 30 days.”
36
Article 26 of the 2000 Regulations of the Commission stipulated the following: “1. The Executive Secretariat
of the Commission shall be responsible for the study and initial processing of petitions lodged before the
Commission and that fulfill all the requirements set forth in the Statute and in Article 28 of these Regulations. 2. If a
petition does not meet the requirements called for in these Regulations, the Executive Secretariat may request the
petitioner or his representative to complete it. 3. If the Executive Secretariat has any doubt concerning compliance
with the said requirements, it shall consult the Commission.”
37
Article 29 of the 2000 Regulations of the Commission established that: “1. The Commission, acting initially
through its Executive Secretariat, shall receive and carry out the initial processing of petitions lodged with as
described below: (a) it shall enter the petition in a register recording the date on which it was received shall
acknowledge receipt to the petitioner; (b) if the petition does not meet the requirements set forth in these
Regulations, it may request the petitioner or his representatives to complete it in accordance with Article 26(2) of
these Regulations; […] 2. In serious or urgent cases, the Executive Secretariat shall notify the Commission
immediately.”
38
Article 30 of the 2000 Regulations of the Commission indicated that: “1. The Commission, through its
Executive Secretariat, shall process petitions that meet the requirements established in Article 28 of these
Regulations. 2. To this end, it shall transmit the pertinent parts of the petition to the State in question. The identity
of the petitioner shall be withheld, unless he expressly authorizes the contrary. The request to the State for
information shall not constitute a prejudgment with regard to the decision that the Commission may adopt on
admissibility. 3. The State shall present its response within two months of the date the request was transmitted.
The Executive Secretariat shall evaluate duly justified requests for an extension of this period. However, it shall not
grant extensions that exceed three months from the date on which the first request for information was sent to the
State. 4. In serious or urgent cases or when it is believed that the life, personal integrity or health of a person is in
imminent danger, the Commission shall request the promptest reply from the State, using for this purpose the means it
considers most expeditious. 5. Before ruling on the admissibility of the petition, the Commission may invite the parties
to present additional observations, either in writing or at a hearing, as established in Chapter VI of these Regulations.
6. When the observations have been received or the time frame established has expired without receiving them, the
Commission shall verify whether the reasons for the petition exist or subsist. If it considers that they do not exist or
subsist, it shall archive the file.
39
These Rules of Procedure entered into force on May 1, 2001, as established in their Article 78.
40
Article 26 of the Commission’s current Rules of Procedure is entitled “Initial Review” and establishes that:
“1. The Executive Secretariat of the Commission shall be responsible for the study and initial processing of petitions
lodged before the Commission that fulfill all the requirements set forth in the Statute and in Article 28 of these
Rules of Procedure. 2. If a petition or communication does not meet the requirements set for in these Rules of
Procedure, the Executive Secretariat may request the petitioner or his or her representative to fulfill them. 3. If the
Executive Secretariat has any doubt as to whether the requirements referred to have been met, it shall consult the
Commission.” The relevant part of Article 29 of the Rules of Procedure establishes that: “1. The Commission, acting
initially through the Executive Secretariat, shall receive and carry out the initial processing of the petitions
presented. Each petition shall be registered, the date of receipt shall be recorded on the petition itself and an
acknowledgement of receipt shall be sent to the petitioner. 2. The petition shall be studied in the order it was
received; however, the Commission may expedite the evaluation of a petition in [certain] situations [described in
this paragraph].” Also, the pertinent part of Article 30 of the Commission’s current Rules of Procedure establishes
that: “1. The Commission, through its Executive Secretariat, shall process the petitions that meet the requirements
set forth in Article 28 of these Rules of Procedure. 2. For this purpose, it shall forward the relevant parts of the
petition to the State in question. The request for information made to the State shall not constitute a prejudgment
with regard to any decision the Commission may adopt on the admissibility of the petition.” The Rules of Procedure
of the Inter-American Commission on Human Rights approved by the Commission at its 137th regular period of
15