7
IV.
ANALYSIS OF ADMISSIBILITY
A.
Competence of the Commission ratione temporis, ratione personae, ratione
materiae, and ratione loci
38.
The petitioners are entitled, under Article 44 of the Convention, to file complaints. The
alleged victim is an individual who was under the jurisdiction of the Peruvian State on the date of the
alleged incidents: Peru ratified the American Convention on July 28, 1978. Consequently, the
Commission has competence ratione personae to examine the petition.
39.
The Commission has competence ratione loci to deal with the petition since it alleges
violations of rights protected by the American Convention occurring within the territory of a state party
thereto.
40.
Similarly, the Commission has competence ratione materiae, because the petition alleges
the violation of rights protected by the American Convention, by the Inter-American Convention to Prevent
and Punish Torture (hereinafter also “the IACPPT”), ratified by the State on February 27, 1990, and by
Article 7 of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence
against Women (hereinafter also “the Convention of Belém do Pará”), ratified by Peru on April 2, 1996.
41.
The Commission has competence ratione temporis in that the obligations under the
American Convention and the IACPPT were already in force for the State on the date the facts reportedly
took place. The State contends that since it deposited its instrument of ratification of the Convention of
Belém do Pará on June 4, 1996, the IACHR lacks the competence to rule on the provisions of that
instrument in connection with the violent acts that allegedly occurred in 1993.
42.
The IACHR’s doctrine holds that the obligation of investigating violence against women
established by Article 7.b of the Convention of Belém do Pará remains in force until the facts are duly
clarified and, if applicable, the guilty are punished. In light of its ongoing nature, that obligation applies
even when the facts alleged in a petition took place prior to the date on which the State in question
8
deposited its instrument of ratification. Since the acts of violence against Gladys Carol Espinoza that
allegedly took place in April and May 1993 have not been addressed by a criminal investigation, the
IACHR holds that the possible obligation set out in the Convention of Belém do Pará remains in effect up
to the present. The IACHR therefore dismisses Peru’s objection regarding a claimed lack of competence
ratione temporis.
B.
Exhaustion of domestic remedies
43.
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. That requirement is intended to facilitate the domestic
authorities’ examination of the alleged violation of a protected right and, if appropriate, to enable them to
resolve it before it is brought before an international venue.
44.
In its initial submissions, the State held that the petition was lodged with the IACHR when
the final ruling by the judicial authorities in the proceedings against Ms. Espinoza Gonzales before the
military courts was still pending. It therefore held that the complaint did not satisfy the prior exhaustion of
domestic remedies requirement. On this point, the IACHR reiterates its doctrine whereby the analysis of
8
IACHR, Report No. 54/01, Case 12.051, Admissibility and Merits, Maria da Penha Maia Fernandes, Brazil, April 16,
2001, para. 27; and Report No. 73/01, Case 12.350, Admissibility, MZ, Bolivia, October 10, 2001, para. 24.