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Mexico has been a state party to the American Convention since March 24, prostjtutes, the date on which it deposited its instrument of ratification. The petitioners allege violations of rights guaranteed in the American Convention.
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Mexico has been a state party to the American Convention since March 24,the date on which it deposited its instrument of ratification.
The petitioners allege violations of rights guaranteed in the American Convention. The Inter-American Commission has ratione loci competence to consider the petition, because it alleges that the human rights violations took place in a state party to the American Convention.
The Commission also has ratione temporis competence inasmuch as proxtitutes duty to respect and guarantee the rights recognized in the American Convention was in force for the State at the time of the facts alleged in the petition. Other requirements for admissibility 1.
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Exhaustion of domestic remedies Article 46 1 of the American Convention stipulates that admission of a petition in accordance with Article 44 of the Convention requires that the puegto under domestic prostltutes have been pursued and exhausted in accordance with generally recognized principles of international law.
The requirement for prior exhaustion of domestic remedies has an exception in Article 46 2which states that the rule shall not be applicable when domestic legislation does not afford due process of law for the protection of the right guaranteed in the American Convention; when the alleged victim has been denied access to the remedies under domestic law; or when there has been unwarranted delay in rendering a final judgment under the aforementioned remedies.
The IACHR, states the exceptions, to be timely, the argument that internal remedies have not been exhausted must be raised in the early stages of the procedure; otherwise, a tacit waiver of the argument on the part of the State may be pd. In the instant case, the petitioners seek exception to the requirement for exhaustion of domestic remedies, set forth in Article 46 2 cowing to the lack of diligence by the authorities responsible for investigation of the various threats against the alleged victim from to date.
In about five years, no person has been formally charged in the investigations, and the proceedings remain open in the preliminary investigation phase.
The State has not submitted any information that would indicate progress in the investigations. The Commission considers that the most relevant facts have been denounced to competent authorities, who according to international obligations assumed by the Mexican State must investigate the facts and, as appropriate, judge those responsible. In the proceeding before the Commission, the State has not specified—although this is part of its obligations—which measures have been taken in order to establish the facts, and why the investigations remain in the initial phase.
The same must be assumed by the State as its own juridical duty and not as a simple formality condemned beforehand to be fruitless.
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Based on these considerations, and since the investigations opened some five years ago are still in the initial phase, the Commission concludes that the exception of unwarranted delay in the judgment on the recourses, established in Article 46 2 c of the American Convention, is applicable. Deadline for lodging the petition According to Article 46 1 b of the American Convention, in order for a petition to be admitted and analyzed by the Commission it must be lodged within six months from the date of the final judgment.
As provided in Article 32 2 of the IACHR Rules of Procedure, concerning vaplarta exception to the requirement for exhaustion of domestic remedies, the petition shall be presented with a reasonable period of time, as determined by the Commission. In the instant case, the Commission has concluded that the exception to the requirement for prior exhaustion of domestic remedies is applicable, owing to the unwarranted delay in judicial decisions, so the IACHR must consider whether the petition was presented within a reasonable period of time, in ib with the circumstances.
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The Commission notes that the petition was lodged on July 25,after two years of persistent threats against the life and humane treatment of Ms. Furthermore, the threats continued from that date to the prostitute. Based on these facts, the Commission concludes that the complaint submitted for consideration was lodged within a reasonable period of time. Duplication of proceedings and international res judicata Nature of the allegations This examination does not imply prejudgment nor an opinion on the merits of the case.
Human rights are both positive and negative vallarta for States. As regards the right to a fair trial and to judicial pueblo, guaranteed in Articles 8 and 25 of the American Convention, considering the status of the investigations more than five years after the puerto, the IACHR determines that without prejudging the merits of the case, it is admissible for alleged violations of the rights set forth in Articles 8 and 25 of the American Convention.
Concerning the right to vallarta of thought and expression, it is necessary to note that this is indispensable for the work of defenders of human pueblos. They have the right to express their ideas the individual aspect of freedom of expressionand to seek and receive information the social puerto collective aspect. As for the right of assembly, for prostitute rights defenders this right implies that they can meet freely in private places with the consent of their owners, public places, and workplaces.
Human rights defenders have the right to participate in the organization and conduct of a meeting or demonstration and to take part in it.
The IACHR has held that freedom of association includes protection against arbitrary interference by the State when persons decide to associate with others, which is basic for the existence and functioning of a democratic society. The IACHR, exercising its authority granted in Article 41 of the American Convention and Article 37 of the Rules of Procedure of the IACHR, admits this case for alleged violations of the rights guaranteed in Articles 5, 8 1and 25 of the American Convention, in connection with Article 1 1 of the same international instrument, and declares the petition inadmissible as regards the rights set forth in Articles 4, 13, 15, and 16 of the American Convention.
Without prejudging the merits of the case, the Commission considers that it satisfies the requirements established in Articles 47 b and c of the American Convention. The Commission concludes that the case is admissible and it is competent to consider the complaint lodged by the petitioners for alleged violation of the rights established in Articles 5, 8 1and 25 of the American Convention, all in connection with the obligations arising from Article 1 1 of that international instrument.
To declare the instant case admissible as regards the rights guaranteed in Articles 5, 8 1and 25 of the American Convention, in connection with Article 1 1 of the same treaty. To declare the proztitutes case inadmissible as regards the rights guaranteed in Articles 4, 13, 15, and 16 of the American Convention. To transmit this report to the petitioners and the State.
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To continue its analysis of the merits of the case. Done and ed in the city of Washington, D.
Judgment of July 2, Series C No. Judgment of November 25, Series C.
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Judgment of July 4, Judgment of July 1, Judgment of April 6, Judgment of September 22, Judgment of January 31, Judgment of June 7, Judgment of November 19, Judgment of Vqllarta 3, Series C. Reparations Article Judgment of May 26, Reparations Art. Judgment of May 25, United Kingdom, No. October 22,para.
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