in the case of Alfonso Martin del Campo Dodd v. Mexíco, the InterAmerican 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). 22. 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 January 27, 1999, March 25, 2003, and April 2, 2003, at which time the Chilean State was bound by the obligation to respect and guarantee the rights enshrined in the American Convention. 23. The Commission has jurisdiction ratione loci inasmuch as the alleged violations took place within the territory of a State party to the American Convention. B. Other requirements of admissibility 1. Exhaustion of domestic remedies 24. The petitioner argues that the Supreme Court, through the judgment handed down on March 25, 2003 declaring desierto the appeal for cassation brought against the ruling of the Court of Appeals of Santiago, signaled the exhaustion of the remedies available under Chilean domestic law.4 Consequently, the Commission considers that the requirement of Article 46(1)(a) of the American Convention is fulfilled. 4 “Desierto” is a juridical term used in Chile to mean "lapsed" or "expired", signifying that an appeal is untimely or out of order. 8

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