because internal remedies did not exist or were ineffective; instead, its
contention was that the friends or relatives of the victims had an
obligation to bring facts that might be considered crimes to the attention
of the judicial authorities.5
24. On November 28, 1998, the State reiterated that Noel Emiro
Omeara Carrascal was not listed as a homicide victim with the
Barranquilla Regional Prosecutor’s Office; because of that, no
investigation into his death had been conducted.6 At the hearing held
on March 2, 1999, during the Commission’s 102nd regular session, the
State asserted that it did not have any information about the injuries
that Héctor Alvarez Sánchez had sustained and that the only
investigation being conducted was the one looking into the death of Noel
Emiro Omeara Carrascal and his son.
25. The State asserted that State agents were not implicated in the
case and that the judicial inquiries conducted at the local level had not
produced any evidence of the involvement of State agents in the
violations alleged by the petitioners.
IV.
ANALYSIS ON COMPETENCE AND ADMISSIBILITY
A.
Competence
26. Under Article 44 of the American Convention, the petitioners are
authorized to file complaints with the IACHR. The alleged victims
named in the present petition are individuals whose Conventionrecognized rights Colombia undertook to respect and ensure. Colombia
has been a State Party to the American Convention since July 31, 1973,
the date on which the respective instrument of ratification was
deposited. Therefore, the Commission is competent ratione personae to
examine this petition.
27. The Commission is competent ratione loci to hear this petition,
because it alleges violations of rights protected under the American
Convention, said to have occurred within the territory of a State party to
that instrument.
The Commission is competent ratione temporis
because the obligation to respect and ensure the rights protected by the
American Convention was already binding upon the State on the date on
which the events alleged in the petition occurred. Finally, the
5 Note EE/DH/591-95 from the Office of the Director General of Special Affairs
of the Ministry of Foreign Affairs of Colombia, December 12, 1995.
6 Note EE/DH/033112, from the Office of the Director General of Special
Affairs of the Ministry of Foreign Affairs of Colombia, November 28, 1998.