that the alleged victim is someone in whose regard Argentina has undertaken
to respect and guarantee the rights established in the American
Convention. As for the State, the Commission notes that Argentina has been
a State Party to the Convention since September 5, 1984, the date on which
it deposited its instrument of ratification. Therefore, the Commission has
competence ratione personae to review the petition.
25.
The Commission has competence ratione loci to review the
petition because it alleges violations of rights protected by the American
Convention that occurred within the territory of a State Party to it. The
Commission has competence ratione temporis since the obligation to respect
and guarantee the rights protected by the American Convention was in effect
for the State when the violations alleged in the petition occurred. Finally, The
Commission has competence ratione materiae because the petition alleges
violations of human rights protected by the American Convention.
B.
Other requirements for admissibility
1.
Exhaustion of domestic remedies
26.
Article 46(1)(a) of the American Convention requires that in order
for a complaint lodged with the Inter-American Commission under Article 44
of the Convention to be admissible, all remedies available under domestic law
must have been pursued and exhausted in accordance with generally
recognized principles of international law. The purpose of this requirement is
to ensure that the State involved has the opportunity to resolve controversies
within its own legal framework.
27.
In the instant case, the petitioner argues that he duly exhausted
the internal remedies with the filing of the recurso de inaplicabilidad and
recurso de nulidad before the Supreme Court of the Province of Buenos
Aires. For its part, the State argued that the petitioner should have filed an
action for damages and, moreover, that the remedies he filed were not the
appropriate ones to claim reparations for the supposed delay.
28.
Regarding this, the Commission notes that there is no
disagreement between the parties as far as the labor proceeding having been
culminated in all instances. Additionally, both parties concur that, in the
course of the labor proceeding, the petitioner presented briefs complaining
about the delay before the judge of the first instance and, subsequently, he
alleged excessive delay in the processing of his case in the special appeals for
inapplicability and nullity. Furthermore, the petitioner filed a complaint before
the Control Authority of the Supreme Court Justice of Buenos Aires
(Inspección General de la Suprema Corte de Justicia de Buenos Aires), which