alleged victims are physical persons, in respect of whom the Colombian State
undertook the obligation to respect and guarantee the rights established in the
American Convention. Colombia has been a State party to the American Convention
since July 31, 1973, the date on which it deposited the relevant instrument of
ratification. The Commission therefore has jurisdiction ratione personae to examine
the petition.
22. Similarly, the Commission has jurisdiction ratione loci to consider the
petition, since it alleges violations of rights protected by the American Convention
that took place under the jurisdiction of the State. The Commission has jurisdiction
ratione temporis to examine the petition, since the obligation to respect and
guarantee the rights protected by the American Convention was already in force for
the State on the date that the events alleged in the petition occurred. Finally, the
Commission has jurisdiction ratione materiae, because the petition reports possible
violations of human rights protected by the American Convention.
B.
1.
Requirements for admissibility of the petition
Exhaustion of domestic remedies
23.
The State alleges that the petitioners’ complaint should be declared
inadmissible, due to failure to meet the requirement of prior exhaustion of domestic
remedies stipulated in Article 46(1) of the American Convention, and to failure to
make use of all adequate domestic means to remedy the alleged violations. The
petitioners, on the other hand, allege that the exception to the requirement of prior
exhaustion of domestic remedies stipulated in Article 46(2) of the American
Convention is applicable, by virtue of the delay and ineffectiveness of the criminal
investigation.
24. In view of the allegations of the parties, first it is necessary to clarify
the domestic remedies that must be exhausted in a case such as the present one, in
the light of the jurisprudence of the inter-American system. The Commission’s case
law establishes that whenever a crime liable to prosecution by the State is committed,
the State has the obligation to promote and expedite criminal proceedings until their
final consequences, 3 And that, in such cases, this is the best way to clarify the facts,
judge the perpetrators, and establish the corresponding criminal punishment, in
addition to providing for other monetary reparations. The Commission considers that
the events described by the petitioners involve the alleged violation of fundamental
rights, such as the right to life, to humane treatment, and to personal liberty, which
are regarded under domestic legislation as crimes liable to prosecution by the State,
which is also expected to promote the corresponding investigation and prosecution.
25.
In this regard the Inter-American Court has held that only adequate
remedies to rectify the alleged violations are expected to be exhausted. “Adequate”
remedies means that the function of those remedies in the context of the domestic
legal system is suitable for protecting the violated legal situation. In all domestic
legal systems, there are many remedies, but not all are applicable in all
circumstances. If in a specific case, the remedy is not adequate or appropriate, it is
evident that it does not have to be exhausted. This is consistent with the principle
that rules or laws are designed to produce an effect, and cannot be interpreted in the
sense that they do not produce an effect or that their result would be clearly absurd
or unreasonable. 4
3 Inter-American Commission, Report Nº 52/97, Case 11,218, Arges Sequeira Mangas, 1997 Annual
Report of the IACHR, paragraphs 96 and 97. See also Report N° 55/97, paragraph 392.
4 Inter-American Court, Case of Velásquez Rodríguez, Judgment of July 29, 1988, paragraph 63
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