21.
Through its various communications1, the State has been
emphasizing that the Commission should dismiss the petitioner’s
request based on Article 46(1)(b) of the Convention.
22.
In effect, the State argues that while it is true that domestic
remedies were exhausted with the judgment of acquittal, which was
affirmed after final appeal on April 6, 2001, the complaint was submitted
on June 21, 2002, when more than six months had already transpired
since the last judicial action. Accordingly, the petition is time-barred.
23.
Similarly, the State rejects applying any of the exceptions to the
exhaustion of domestic remedies requirement of Article 46(2) of the
Convention in the instant case. The State argues that appropriate
remedies were available to defend the right violated, and that access to
them was not hindered, as alleged by the complainant.
24. The State also argues that the petitioner has set forth
contradictory arguments about compliance with the admissibility
requirements set forth in the Convention. It notes that the IAPA
originally argued exhaustion of domestic remedies, only later asserting
in its communications that it was arguing instead that the exceptions to
prior exhaustion set forth in the Convention apply to the instant case.
IV.
ANALISIS OF ADMISSIBILITY
A.
Competence
25. The Commission observes that Colombia has been a party to the
Convention since July 31, 1973, when it deposited the respective
instrument of ratification, and, therefore, answers internationally for
violations of the Convention.
26. Pursuant to Article 44 of the American Convention and Article 23
of the Commission’s Rules of Procedures, the petitioner has standing to
file petitions with the Commission regarding alleged violations of the
rights established in the American Convention. The alleged victim is a
natural person with respect to whom the State undertook to ensure the
rights enshrined in the Convention. Therefore, the Commission is
competent ratione personae to examine the complaint.
1 As detailed in section II of this report, the communications from the State were
received by the Commission on February 6, 2003, August 19, 2003, and November 10,
2003.
6
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos