The stipulations of Article 46(1)(b) of the Convention are based on the same premise; The
text states that, for the petition to be admitted, it must have been “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”; it is unquestionably understood that this reference is to the final remedy that
was filed, there being no other actionable options available. The established term for lodging
the motion is thus counted from the time of notification of the final ruling by national
authorities or courts on the motions that have been filed with them, and these are the actions
that could trigger the State’s international responsibility; this obviously suggests that, at the
time the petition is “lodged”, these remedies have been exhausted.
Moreover, Article 26(1) of the Rules of Procedure of the Commission says that initial
processing can begin on petitions “that fulfill all the requirements set forth” and that these
petitions must indicate, as already stipulated in Article 28.8 above, all “steps taken to exhaust
domestic remedies, or the impossibility of doing so”, and if these requirements are not met,
the Commission, in accordance with Articles 26(2) and 29(3) of its Rules of Procedure,
“may request the petitioner or his or her representative to fulfill them”, and according to
Article 46(1)(b) of the Convention, it may consider only those petitions that are lodged “within
a period of six months” from the date of notification of the ruling by which domestic remedies
are exhausted.
All this clearly shows that compliance with the rule on prior exhaustion of domestic remedies
unquestionably stands as a requirement that the petition must meet in order to be “lodged”.
C. Study and initial processing by the Commission
The rule on prior exhaustion of domestic remedies is not only a benefit both for the State and
for the victim or petitioner, but it also places an obligation on the Commission. According to
the provisions of Article 26(1) of the Rules of Procedure of the Commission, 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.” As already stated, Articles 26(2) and 29(3) of
the text add that 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.”
Furthermore, Article 29(1) states that the “The Commission, acting initially through the
Executive Secretariat, shall receive and carry out the initial processing of the petitions
presented” and adds, [e]ach 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.”
Finally, Article 30(1) of the text says that the “Commission, through its Executive Secretariat,
shall process the petitions that meet the requirements set forth in Article 28 of these Rules of
Procedure.”
In other words, the Executive Secretariat of the Commission, working on behalf of the
Commission itself, proceeds to take certain steps with the petition as “lodged”. Its actions are
not limited to merely checking whether it formally includes the required information, but it
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