alleviated Mr. Mohamed of his responsibilities as a driver, given that both sets of
transit regulations prohibited the conduct in question, and that there clearly existed
certain general duties of care at the time of the accident.
22. With respect to the right to be heard under Article 8, the State maintains that Mr.
Mohamed was prosecuted through two instances in which all guarantees were
observed. Accordingly, it considers that the terms of Article 8 were fully respected. The
State notes that the extraordinary appeal filed subsequent to Mr. Mohamed’s
conviction was rejected for failing to present a federal question or an arbitrary
sentence. The State cites Article 2 of Protocol 7 to the European Convention in support
of its contention that international law does not require a further instance of review in
the case of convictions originating at the appellate level.
23. The State maintains that the petition is inadmissible for failing to state claims
characterizing the violation of a right protected under the American Convention.
Further, the State notes that it corresponds in the first instance to the national courts
to interpret and apply national law, and that the Commission is not competent to act
as a fourth instance in such matters.
IV.
ANALYSIS OF ADMISSIBILITY
A.
Competence of the Commission ratione personae, ratione materiae,
ratione temporis and ratione loci
24. In accordance with the terms of Article 44 of the American Convention, the
petitioners have standing to present a petition before the Commission. The petition
under study identifies as the alleged victim an individual with respect to whom the
Argentina State had committed itself to respect and guarantee the rights protected in
the American Convention. With respect to the State, the Commission observes that
Argentina is a State Party to the American Convention, having duly deposited its
instrument of ratification on September 5, 1984. Accordingly, the Commission has the
competence ratione personae to examine the claims presented.
25. The IACHR has jurisdiction ratione loci to consider the petition, because the alleged
violation of rights protected in the American Convention occurred within the territory of
Argentina, a State party to that treaty. The Inter-American Commission also has
jurisdiction ratione temporis because the obligation to respect and guarantee the rights
protected in the American Convention was already in effect for the State at the time
the alleged events took place. Finally, the Commission has jurisdiction ratione materiae
because the petition complains of violations of human rights protected by the American
Convention.
B.
Other requirements for the admissibility of the petition
1.
Exhaustion of domestic remedies
26. Article 46 of the American Convention specifies that, in order for a case to be
admitted, "remedies under domestic law [must] have been pursued and exhausted in
accordance with generally recognized principles of international law." In the present
case, the parties accept and the record confirms that the full range of applicable
domestic remedies was invoked. The State has filed no objection to the effect that
additional remedies should have been invoked, or that those presented were invoked