27. The Commission is competent ratione materiae since the petition
refers to alleged violations of human rights protected by the American
Convention. In addition, the Commission 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 facts alleged in the petition would have taken place.
Finally, the Commission is competent ratione loci to take cognizance of
the petition, insofar as it alleges violations of rights protected in the
American Convention, which, if true, took place in the territory of a
State party to the Convention.
B.
1.
Admissibility requirements of the petition
Exhaustion of domestic remedies
28.
After the murder of Mr. Carvajal Carvajal, a judicial proceeding
began that culminated, in the first instance, in the acquittal of the
accused, handed down by the Single Criminal Court of the Specialized
Circuit of Neiva, Huila, on December 15, 2000. The judgment of
acquittal was later affirmed by the Criminal Chamber of the Superior
Court for the Judicial District of Neiva, Huila, on April 6, 2001. In the
instant case, the Colombian State notes that domestic remedies were
exhausted on April 6, 2001, when the judgment of acquittal of criminal
liability of the accused, for the murder, was affirmed.
29.
The IACHR notes that in the judgment of acquittal of December
15, 2000, the Single Criminal Court of the Specialized Circuit of Neiva,
Huila, ruled as follows:
Finally, it will be ordered that a photocopy, with two copies, of the
entire record in this proceeding be issued and forwarded to the
office of assignments of the prosecutorial units (Fiscalías
Delegadas) before this Court, to continue investigating the
perpetrators and participants in the murder of Nelson Carvajal
Carvajal.2
Nonetheless, it does not appear from the information provided by the
parties that any judicial investigation has been opened or continued.
30. The Commission, through its case-law, has been noting that in
cases such as this, the adequate remedy to be exhausted, as made
2 Judgment of the Single Criminal Court of the Specialized Circuit in Neiva, Huila, of
December 15, 2000, at page 41.
7
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