with the content and purpose of the petitioner’s initial claim.” In this regard, the State
argued that, “although it is reasonable to infer that questions could arise from the
general content of the petitioner’s description of what happened in the context of the
facts relating to the search and subsequent criminal proceedings, […] that does not
appear to have been the petitioner’s intention. This is because, from reading his
petition, it is clear that [Mr.] Grande finds himself a victim of the alleged violation of
Articles 8(2) and 10 of the Convention which, in his opinion, was constituted in the
context of his claim for damages that was rejected by the Federal Administrative
Appellate Chamber.”
52.
Furthermore, in the said brief of November 7, 2002 the State emphasized that
although the intention of the petition was to seek the declaration of the alleged
responsibility of the State for the consequences of a proceeding based on evidence that
was later rejected, this does not authorize such facts to be evaluated in light of the
Convention and/or […] the compatibility of the facts relating to the search and
subsequent proceedings with the obligations assumed by the State, [because] the
claim would be time-barred, and would therefore be inadmissible.” The State added
that “it seems clear that […] the provisions of Article 46(1)(b) of the American
Convention would apply to the alleged incompatibility of the search and the criminal
proceedings with the State’s obligations under the [American] Declaration and the
Convention.”
c)
Report on Merits No. 109/09
53.
The Commission’s Report on Merits No. 109/09 of November 10, 2009, merely
indicated that “the State’s arguments concerning the admissibility of the case […] are
inappropriate at this procedural stage. Regarding the State’s arguments, the
Commission indicated that the admissibility requirements were duly analyzed in the
chapter of the Admissibility Report on exhaustion of domestic remedies and the time
frame for the presentation of the petition.” Consequently, the Commission indicated
that “it did not refer to those arguments in the […] report.”
54.
From the above, the Court observes that, in its Admissibility Report No. 3/02,
invoking the principle of iura novit curia, the Commission did in fact modify the
purpose of Mr. Grande’s petition, which referred to the alleged violations that arose
during the administrative proceedings (supra paras. 2 and 47). Specifically, the
Commission included the alleged violation of reasonable time in the criminal
proceedings and the analysis of Articles 8 and 25 of the Convention. It also rejected
the petitioner’s arguments regarding the alleged violations of Articles 8(2) and 10 of
the Convention, in relation to the claim for compensation processed by the
administrative law jurisdiction, regarding which the State had presented its arguments
at the admissibility stage of the petition. Thus, it was at that time that the State,
procedurally, became aware of the scope of the purpose of the petition in the instant
case.
55.
Responding to the Commission’s new approach and following the Admissibility
Report, the State submitted several arguments to contest the Commission’s
competence to examine the new purpose of the petition. Among these, in application
of Article 46(1)(b) of the Convention, it indicated the petitioner’s failure to exhaust
domestic remedies in relation to the criminal proceedings, as well as the “time-barred
presentation of the claim concerning the alleged violations in relation to the criminal
proceedings.” However, in its Report on Merits No. 109/09, the Commission indicated
13