72. As to exhaustion of domestic remedies, the State contends that the petitioners did not
bring judicial or administrative actions in relation to claims about the conditions of detention.
IV.
ANALYSIS OF COMPETENCE AND ADMISSIBILITY
A.
The Commission’s competence ratione personae, ratione loci, ratione temporis
and ratione materiae
73. The petitioners are entitled, in principle, to lodge petitions with the Commission under
Article 44 of the American Convention.The petition names as alleged victims individual persons
with respect to whom the State of Costa Rica has assumed the commitment of respecting and
assuring the rights set forth in the American Convention.As for the State, the Commission
notes that Costa Rica has been a State Party to the American Convention since April 8, 1970,
the date on which it deposited its instrument of ratification; to the Protocol of San Salvador
since November 16, 1999, and to the Inter-American Convention to Prevent and Punish
Torture since June 2, 1996.The Commission therefore has competence ratione personae to
examine the petition.
74. The Commission has competence ratione loci to examine the petition, inasmuch as it
alleges violations of rights protected in the American Convention, the Protocol of San Salvador
and the Inter-American Convention to Prevent and Punish Torture, which are alleged to have
taken place in the territory of Costa Rica, a State Party to those treaties.The Commission has
competence ratione temporis, inasmuch as the obligation to respect and guarantee the rights
protected in the American Convention, the Protocol of San Salvador, and the Inter-American
Convention to Prevent and Punish Torture was in force for the State at the time that the acts
alleged in the petition are said to have taken place.
75. The Commission has competence ratione materiae, because the petition denounces
possible violations of human rights protected by the American Convention and the InterAmerican Convention to Prevent and Punish Torture. As to the Protocol of San Salvador, while
the IACHR lacks competence ratione materiae under its system of individual petitions to rule in
an individual case regarding violations of Articles 1, 2, 3, and 4 of that Protocol, the IACHR
may, bearing in mind the provisions of Articles 26 and 29 of the American Convention,
consider the provisions of that Protocol in its interpretation of other applicable provisions of the
American Convention and of other treaties over which it does have competence ratione
materiae72. As a result, the Inter-American Commission will interpret articles of the Protocol of
San Salvador to the extent that they may be relevant to its application of the American
Convention73.
76. As to the alleged violation of Articles XVII and XXV of the American Declaration, it notes
that since the time the American Convention entered into force for Costa Rica, it is the latter,
and not the Declaration, that became the source of applicable law 74, provided the petition
refers to an alleged violation of rights that are substantially identical in both instruments.In
this case, the rights under the Declaration that were allegedly violated by the State are
protected under the Convention, and the acts that gave rise to the complaint took place after
the American Convention came into force for Costa Rica.Therefore, the Commission will refer
only to alleged violations of the Convention, and not of the Declaration.
72
See IACHR, Report No. 44/04, Laura Tena Colunga et al (Inadmissibility, Mexico, October 13, 2004. paras. 33-40;
IACHR, Jorge Odir Miranda Cortez et al (Admissibility, El Salvador, Case 12.249, Report No. 29/01, para. 36.
73
Article 19.6 of the Protocol of San Salvador provides as follows: “Any instance in which the rights established in
paragraph a) of Article 8 and in Article 13 are violated by action directly attributable to a State Party to this Protocol
may give rise, through participation of the Inter-American Commission on Human Rights and, when applicable, of the
Inter-American Court of Human Rights, to application of the system of individual petitions governed by Article 44
through 51 and 61 through 69 of the American Convention on Human Rights.”
74
Speaking to the legal force of the American Declaration, the Court confirmed that, in principle, for States Party to the
Convention, the specific source of their obligations with respect to the protection of human rights is the Convention
itself. I/A Court H.R., Advisory Opinion OC-10/89 (Interpretation of the American Declaration of the Rights and Duties
of Man) of July 14, 1989, para. 46.The Inter-American Commission has ruled in the same way; see, Report 38/99,
Argentina, Annual Report of the IACHR 1998, para. 13, and Report No. 112/99, Colombia, Álvaro Lobo Pacheco et al
(19 Tradesmen), September 27, 1999, para. 17.
17