Commission bases this conclusion on the judgment of November 23,
2004 in the case of the Sisters Serrano Cruz v. El Salvador, in which the
Inter-American Court held:
84.
The Court considers that the events that occurred after
recognition of the Court's jurisdiction by El Salvador, referring to
the alleged violations of Articles 8 and 25 of the Convention in
relation with Article 1.1 thereof, are not excluded by the limitation
imposed by the State, because what is at issue are judicial
decisions constituting independent events that began after El
Salvador's recognition of the Court's jurisdiction, and that could
constitute specific and independent instances of the denial of
justice occurring after recognition of the Court's jurisdiction.
23.
In the case at hand, as in the Sisters Serrano Cruz case, the
petitioners have alleged a violation of due process, in particular, that the
State applied the statute of limitations under private international law in
order to deny justice, i.e. the possibility of reparations for international
crimes committed by State agents. Despite the fact that the violations of
due process could not have occurred without the antecedent summary
executions, the Inter-American Court considers judicial rulings to be
events independent and autonomous from the situation that gave rise to
them. In its judgment of September 3, 2004 in the case of Alfonso
Martin del Campo Dodd v. Mexico, the Inter-American Court emphasized
this point:
79.
On this point, the Court must indicate with all clarity that
if the alleged crime was continuing or permanent, the Court would
have competence to consider the acts or events occurring
subsequent to recognition of the Court's jurisdiction. But in a case
such as the present one, the supposed crime underlying the
alleged violation (torture) was instantaneous, it occurred and was
consummated before recognition of contentious jurisdiction. With
respect to the investigation of that crime, this was pursued and
was reopened on several occasions. This occurred subsequent to
recognition of the Court's jurisdiction, but neither the Commission
nor the representatives of the presumed victim have provided any
evidence to indicate specific violations of due process that the
Court might have considered. (Emphasis added).
24.
In the present case, all the judicial proceedings that
constitute the subject of the complaint took place subsequent to Chile's
ratification of the American Convention. In addition, the Commission has
jurisdiction ratione temporis because the judgments were issued on
9
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