damages, which in the Government's view demonstrated that the remedies available within domestic jurisdiction had not been exhausted. 33. Finally, the State declared that the facts alleged in the petition do not characterize violations of Articles 3, 5, 9, 11, 13, 16, 17, 19 and 22 of the American Convention, as claimed by the petitioner. IV. ANALYSIS OF ADMISSIBILITY A. Competence of the Commission ratione personae, ratione loci, ratione temporis, and ratione material 34. Under Article 44 of the American Convention, the petitioner is, in principle, entitled to lodge complaints with the IACHR. The petition names as the alleged victim an individual in respect of whom Argentina undertook to respect and guarantee the rights recognized in the American Convention. With regard to the State, the Commission notes that Argentina has been a State party to the American Convention since September 5, 1984, the date on which it deposited the corresponding instrument of ratification. The Commission is therefore competent ratione personae to consider the petition. 35. The Commission is competent ratione loci to consider the petition, insofar as it concerns rights protected by the American Convention that are alleged to have been violated within the territory of a State party to the Convention. The IACHR is competent ratione temporis insofar as the obligation to respect and guarantee the rights protected in the American Convention was already in force for the State on the date on which the acts referred to in the petition are alleged to have occurred. Lastly, the Commission is competent ratione materiae, because the petition complains of violations of human rights that are protected by the American Convention B. Admissibility requirements 1. Exhaustion of domestic remedies 36. Article 46(1) of the American Convention provides as a requirement for admissibility “that the remedies under domestic law have been pursued and exhausted in accordance with generally recognized principles of international law.”3 Both the Inter-American 3 See I/A Court H.R., Exceptions to the Exhaustion of Domestic Remedies (Articles 46(1), 46(2)(a) and 46(2)(b) American Convention on Human Rights). Advisory Opinion OC-11/90 of August 10, 1990, Series A Nº 11, para. 17. 7

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