Inter-American Court and the Inter-American Commission have
reaffirmed the obligation of the State to investigate all violations of
human rights, to try those responsible, indemnify the victims, and avoid
impunity.39 In that connection, the Commission notes that the
Convention of Belém do Pará affirms that the obligation to act with the
due diligence necessary takes on a special meaning in cases of violence
against women. Said instrument also stipulates that the State, in
applying due diligence in connection with violent acts, shall take special
account of the vulnerability of women subjected to violence and
discrimination, among other risk conditions, while of minor age.40
44.
The Commission notes that in the instant case, over six years
have passed since the alleged sexual abuse of the child aged 9, without
conclusion of the criminal investigation. The IACHR also notes that a
judgment has yet to be rendered by the Nicaraguan courts in connection
with the appeal lodged by the petitioner on August 29, 2005. It also
notes that the State has confined itself to alleging that domestic
remedies have not been exhausted, but presents no specific information
from which it could be concluded that the remedy has the adequacy and
effectiveness required by international human rights parameters to
resolve in a timely manner the situation denounced.
45.
Based on the foregoing considerations and on the information
contained in the file, the Inter-American Commission concludes for the
purpose of admissibility that there has been unwarranted delay by the
competent bodies in rendering a final judgment and that domestic
remedies have been ineffective in resolving in a timely manner the
situation denounced.Therefore, in the instant case, the IACHR invokes
the exception to the exhaustion of domestic resources set forth in Article
46(2)(c) of the American Convention.
2.
Timeliness of Petition
Nicaragua, Annual Report of the IACHR 1997, paras. 96 and 97;IACHR, Report N°
55/97, Case 11.137, Argentina, Annual Report of the IACHR 1997, para. 392.
39 IACHR, Report Nº 94/06, Petition 540-04, Admissibility, Inés Fernández Ortega et
al., Mexico, October 21, 2006, para. 23; IACHR, Report Nº 93/06, Petition 972-03,
Admissibility, Valentina Rosendo Cantú et al., Mexico, October 21, 2006, para. 27;
IACHR, Report N˚ 54/01, Maria Da Penha Maia Fernandes, Brazil, April 16, 2001, para.
43, citing I-A Court H.R., Case of Velásquez Rodríguez, Judgment of July 29, 1988,
Series C No. 4.,para. 176 and Case of Godínez Cruz, Judgment of January 20, 1989.
Series C No. 5, para. 175; IACHR, Merits, N˚ 53/01, Ana, Beatriz and Celia González
Pérez, Mexico, April 4, 2001, para. 84.
40 Article 9, Convention of Belém do Pará.
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