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

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