REPORT No. 55/09
March 27, 2009
specified, but inferred
DATE OF INITIAL PROCESSING: June 28, 1994
I. POSITION OF THE PETITIONER
petitioner contends that the alleged victim was prosecuted in two criminal
response to the State’s argument, the petitioner indicated that although
an appeal based on procedural violations was still pending in one
II. POSITION OF THE STATE
State alleges that Ms. Padilla Baca was tried and sentenced in accordance
III. PROCESSING BEFORE THE COMMISSION
4. On June 22, 1994, the initial petition was received and assigned case No. 11.315. On June 28, 1994, the petition was transmitted to the State, which was asked to submit its response within a period of three months. The State’s response was received on September 8, 1994, and forwarded to the petitioner on October 6, 1994, which was asked to submit any pertinent observation within a period of 45 days. The petitioner presented her observation on December 7, 1994, which was transmitted to the State on December 29, 1994, asking that it submit its observations within one month. On March 16, 1995, the State submitted its observations. On January 7, 2003, the IACHR asked the petitioner to update the information in the petition within a period of one month. On April 5, 2004, the IACHR asked the petitioner to notify it if the facts alleged in the petition subsisted. In this communication, the petitioner was given notice that if no reply were received, the Commission may consider archiving the case in accordance with Article 48(1)(b) of the Convention.
IV. GROUNDS FOR THE DECISION TO ARCHIVE
Article 48(b) of the American Convention on Human Rights and Article 30(6)
of the Rules of Procedure of the Inter-American Commission on Human Rights
establish that with regard to the processing of a petition, once the
observations have been received or the period
petition was filed on behalf of a person tried and convicted for terrorism
who alleges a series of due process violations, such as the alleged
impossibility of presenting an appeal, decisions by secret or “faceless”
judges, the alleged retroactive application of the law in her sentencing,
7. There is not enough information available to issue a decision on the admissibility or inadmissibility of the petition. Consequently, in accordance with Article 48(b) of the Convention and Article 30(6) of the IACHR Rules of Procedure, the Commission decides to archive the petition.
Done and signed in the city of Washington, D.C., on the 27th day of the month of March, 2009. (Signed): Luz Patricia Mejía Guerrero, President; Víctor E. Abramovich, First Vice-president; Felipe González, Second Vice-president; Sir Clare K. Roberts, Paulo Sérgio Pinheiro, Florentín Meléndez, and Paolo Carozza, members of the Commission.