against the Jinotega Departmental Prosecutor or the forensic physician
who handled the case of the minor child V.R.P., the State indicates that
“they do not exist, or at least they were not lodged with the competent
authority.”30
35.
With regard to exhaustion of domestic remedies, in its initial
observations on the petition, the State indicated that these were
exhausted by petitioner through the motion to vacate the verdict of the
Jury Court, which was processed in accordance with the law and the
order to disallow was issued.31 However, in a subsequent
communication, of February 14, 2005, the State indicates that domestic
remedies have not been exhausted because a final disposition has not
been made of the motion to vacate the Jury Court’s acquittal of the
accused. It adds that if the case is resolved unfavorably to V.R.P., the
State will appeal as appropriate in accordance with the available legal
remedies.
IV.
ANALYSIS
A.
Competence of the Commission ratione personae, ratione
materiae, ratione temporis, and ratione loci
36.
Under Article 44 of the American Convention, the petitioner is
entitled to present petitions to the Commission. The petition names as
the alleged victim the child V.R.P. and her mother V.P.C., whose rights
enshrined in the American Convention Nicaragua undertook to respect
and guarantee. With regard to the State, Nicaragua has been a Party to
the American Convention since September 25, 1979, the date of deposit
of its respective instrument of ratification, and has also been Party to
the Convention of Belém do Pará since December 12, 1995. Therefore,
the Commission has competence ratione personae to consider the
petition.
37.
The Commission has competence ratione loci to consider the
petition as in it are alleged violations of rights protected in the American
Convention and the Convention of Belém do Pará that occurred within
the territory of Nicaragua, a State Party to said treaties. The InterAmerican Commission also has competence ratione temporis since the
obligation to respect and guarantee the rights protected in the American
Convention and the Convention of Belém do Pará were in force for the
State on the date that the facts alleged in the petition occurred.
30 Note from the State of June 29, 2007, MRE/DGOI/1570/06/07.
31 Note from the State of February 9, 2005, MRE/DM-DGOI/196/02/05.
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