State applied the statute of limitations under private international law in
order to deny justice, i.e. the possibility of reparations for an
international crime committed by State agents. Despite the fact that the
violations of due process could not have occurred without the predicate
summary execution, 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. United Mexican States, 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 April 9, 2002,
and May 7, 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. As a requirement for admissibility, Article 46(1) of the American
Convention requires that the remedies under domestic law have been
pursued and exhausted. The petitioner maintains that he has pursued
and exhausted the domestic remedies available in Chilean law. He
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