a substitute judgment by which it sentenced the accused to three years’ imprisonment for the crime of
aggravated kidnapping but, applying the mitigating circumstances of irreproachable past conduct and the
partial statute of limitations, gave him a suspended sentence.
B.
Position of the State
115.
The State responded on May 5, 2014 and January 7, 2016, saying that, without prejudice to
the observations on merits that it might make in due course, it had no objections as regards the petitioners'
compliance with the formal requirements of the admissibility.
V.
ANALYSIS OF COMPETENCE AND ADMISSIBILITY
A.
Competence
116.
The petitioners have standing under Article 44 of the American Convention to lodge petitions
with the Commission. The petition names as alleged victims individuals in respect of whom the Chilean State
undertook to respect and guarantee the rights enshrined in the American Convention. As regards the State, the
Commission finds that Chile has been a party to the American Convention since August 21, 1990, when it
deposited its instrument of ratification. Therefore, the Commission is competent ratione personae to examine
the petition. The Commission is competent ratione loci to examine the petition because it alleges violations of
rights protected in the American Convention that are purported to have occurred within the territory of Chile,
a state party to said treaty.
117.
The Commission is competent ratione temporis in that the obligation to respect and guarantee
the rights protected in the American Convention was already in effect for the State on the date the events
alleged in the petition are said to have occurred. In that connection, the Commission notes that the petitioners
allege the application of the concept of “partial lapse of the statutory time period” (media prescripción) or
“partial statutory limitations” (prescripción gradual) in the final stage of each of the above cases, which in each
instance occurred when the Convention was in force in Chile. Finally, the Commission is competent ratione
materiae, given that the petition alleges possible violations of rights protected under the American Convention.
B.
Admissibility requirements
1.
Exhaustion of domestic remedies
118.
Article 46(1)(a) of the American Convention provides that admission of petitions lodged with
the Inter-American Commission alleging violation of the Convention shall be subject to the requirement that
the remedies under domestic law have been pursued and exhausted in accordance with generally recognized
principles of international law. This rule is designed to allow national authorities to examine alleged violations
of protected rights and, as appropriate, to resolve the situation before it is taken up in an international
proceeding. For its part, Article 46(2) provides that the requirement of prior exhaustion of domestic remedies
is not applicable when: (a) domestic law does not afford due process of law for the protection of the right or
rights that have allegedly been violated; (b) the party alleging violation of his rights has been denied access to
the remedies under domestic law or has been prevented from exhausting them; and (c) there has been
unwarranted delay in rendering a final judgment under the aforementioned remedies.
119.
The petitioners state that the Supreme Court, examining applications for cassation in each
matter, vacated each judgment at second instance and, without a new hearing of the case, rendered a new
decision that amounted to a final judgment. They say that no possible remedies exist because the decision
comes from the Supreme Court and, therefore, is final.
120.
The State, for its part, says that it has no objections in terms of the petitioners’ compliance
with the formal requirements of admissibility.
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