Report no. 58/15 petition 348-09


ANALYSIS OF COMPETENCE AND ADMISSIBILITY



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ANALYSIS OF COMPETENCE AND ADMISSIBILITY




  1. Competence of the Commission ratione materiae, ratione personae, ratione temporis, and ratione loci




  1. Under Article 44 of the American Convention, the petitioner has locus standi to file petitions before the Inter-American Commission. The petition names an individual person as the alleged victim, with respect to whom the State agreed to guarantee the rights enshrined in the American Convention. With respect to the State, the Commission notes that Mexico has been a State Party to the American Convention since March 24, 1981, on which date it deposited its instrument of ratification.




  1. The IACHR has jurisdiction ratione materiae because the petition concerns alleged violations of human rights protected by the American Convention that reportedly took place in Mexico, a State Party thereto.




  1. The Commission has jurisdiction ratione temporis insofar as the State’s obligation to respect and guarantee the rights protected in the American Convention was in force at the time the acts alleged in petition reportedly took place. Finally, the Commission has jurisdiction ratione materiae, because the petition complains of the possible violation of human rights protected by the American Convention.







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