Mr. Ramírez perpetrated a crime that the courts classified as murder. In addition, the
Government points out that the Sentencing Court is not required to state the grounds for all
the aggravating circumstances, since even if only one is involved, and in consideration of the
nature and circumstances of the crime, it is empowered to impose the penalty. Finally, it notes
that the Court did rule the following aggravating circumstances as being present: treachery,
notorious premeditation, abuse of superiority, remote location, and contempt toward the
victim.
23. As regards the right to judicial protection, the State claims that from the remedies and
suits exhausted by the petitioners it can be concluded that Mr. Ramírez was given suitable
legal means for taking the case against him to the higher courts and that none of those
remedies found any evidence of such a violation.
24. For the reasons given above, the State holds that there were no violations of due process,
the right to a fair trial, or the judicial guarantees enshrined in the Convention as a result of
which it could be ruled responsible for violating Mr. Ramirez’s right to life.
IV.
ANALYSIS
25. The Commission will now analyze the admissibility requirements set forth in the American
Convention.
A.
Competence of the Commission
26. The Commission has competence ratione materiae to hear this petition since it alleges
violations of rights protected by the American Convention, to which the State of Guatemala is
a party by reason of having ratified it on May 25, 1978.
27. The Commission has competence ratione personae to hear this petition since the identities
of both the petitioners and the alleged victim satisfy the requirements set forth, respectively,
in Articles 44 and 1(2) of the Convention.
28. The IACHR has competence ratione temporis to hear this petition since the obligation of
respecting and ensuring the rights protected by the American Convention was already in force
for the Guatemalan State on the date on which the alleged violations occurred.
29. Finally, the Commission has competence ratione loci to hear this petition since it alleges
violations of rights within the territory of the respondent state party.
B. Admissibility Requirements of the Petition
1.
Exhaustion of Domestic Remedies
30. Article 46(1)(a) of the American Convention stipulates that the admissibility of a petition
depends directly on the remedies offered by domestic jurisdiction having been “pursued and
exhausted in accordance with generally recognized principles of international law.”7 Both the
Inter-American Court of Human Rights (hereinafter “the Court”) and the Commission have, on
repeated occasions, maintained that: “Under the generally recognized principles of
international law and international practice, the rule which requires the prior exhaustion of
domestic remedies is designed for the benefit of the State, for that rule seeks to excuse the
7 See: Inter-Am.Ct.H.R., Exceptions to the Exhaustion of Domestic Remedies (Arts. 46(1), 46(2)(a) and 46(2)(b) of
the American Convention on Human Rights), Advisory Opinion OC-11/90, August 10, 1990, Ser. A No. 11, paragraph
17.
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