stage and therefore the legitimate self-defense under which the soldiers had acted had not yet been clarified. It alleges that in light of those considerations a judgment of acquittal in the criminal jurisdiction and one of liability in the contentious-administrative jurisdiction could coexist. 27. As regards the requirement of prior exhaustion of domestic remedies, the State alleges that they were exhausted with the judgment on appeal issued by the Superior Military Tribunal on March 1, 2000. Finally, the State asks that the petition be found inadmissible, considering that a pronouncement by the Commission on the alleged violations of the American Convention would be tantamount to the Commission sitting as a court of fourth instance. IV. ANALYSIS OF COMPETENCE AND ADMISSIBILITY A. Competence 28. The petitioners are authorized in principle, by Article 44 of the American Convention, to submit petitions to the Commission. The petition describes as an alleged victim an individual with respect to whom the Colombian State has undertaken to respect and ensure the rights enshrined in the American Convention. As regards the State, the Commission notes that Colombia has been a state party to the American Convention since July 31, 1973, the date it deposited its instrument of ratification. Therefore, the Commission is competent ratione personae to examine the petition. 29. In addition, the Commission is competent ratione loci to take cognizance of the petition, insofar as it alleges violations of rights protected in the American Convention in the territory of Colombia, a state party to that treaty. The Commission is competent ratione temporis insofar as the obligation to respect and ensure the rights protected in the American Convention was already in force for the State as of the date of the facts alleged in the petition. Finally, the Commission is competent ratione materiae, as the petition alleges possible violations of human rights protected by the American Convention. B. 1. Admissibility requirements Exhaustion of domestic remedies 11

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