2. If a petition or communication does not meet the requirements set for in these Rules of
Procedure, the Executive Secretariat may request the petitioner or his or her representative
to fulfill them.
3. If the Executive Secretariat has any doubt as to whether the requirements referred to
have been met, it shall consult the Commission.”53
55.
Meanwhile, Article 27 of this text establishes that:
”Condition for Considering the Petition. The Commission shall consider petitions regarding
alleged violations of the human rights enshrined in the American Convention on Human Rights
and other applicable instruments, with respect to the Member States of the OAS, only when
the petitions fulfill the requirements set forth in those instruments, in the Statute, and in these
Rules of Procedure.”54
56.
Meanwhile, Article 28(8) of the said Rules of Procedure establishes that:
“Requirements for the Consideration of Petitions. Petitions addressed to the Commission shall
contain the following information: … any steps taken to exhaust domestic remedies, or the
impossibility of doing so as provided in Article 31 of these Rules of Procedure.”55
57.
Attention should be drawn to the fact that Article 29(1) and (3) of this instrument
reiterates the content of Article 26(1) and (3):
“Initial Processing . 1. The Commission, acting initially through the Executive Secretariat, shall
receive and carry out the initial processing of the petitions presented. Each petition shall be
registered, the date of receipt shall be recorded on the petition itself and an acknowledgement
of receipt shall be sent to the petitioner.
…
3. If the petition does not meet the requirements of these Rules of Procedure, the Commission
may request that the petitioner or his or her representative complete them in accordance with
Article 26.2 of these Rules.”56
58.
This signifies that the information required to “process” or “consider” the pertinent
petition must refer to the measures taken to exhaust the domestic remedies or the
impossibility to do so. In other words, the petition must describe what has been done to
exhaust the remedies in question or that it was impossible to exhaust them and, if it does not
mention anything in this regard, the Commission should require the petitioner to do this, in
keeping with the regulatory warning that, to the contrary, the petition will not be considered.
59.
Accordingly, the Commission, acting through its Executive Secretariat, must undertake
an initial control of conventionality of the petition; comparing it against the provisions of the
Convention and the said Rules of Procedure. In other words, it must determine whether it
meets the corresponding requirements at the time it is “lodged” and if it verifies that the
petition does not meet them, it must require it to do so. To the contrary, the logic and need
for the “initial processing” of the petition are incomprehensible as is the reason why the
petitioner should be asked to complete the requirements indicating the measures taken to
exhaust the domestic remedies or the impossibility of doing so.
60.
Thus, it is the Commission’s Rules of Procedure which establish that it is the petitions
submitted to the Commission that must include the information on the measures taken –
53
Art. 26.
54
Art. 27.
55
Art. 28.
56
Art. 29(1) and 3.
14