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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