6
26.
The State, for its part, reports that the exhaustion of domestic remedies occurred on
March 30, 1993, when the Full Chamber of the Supreme Court denied the petitioner's appeal for judicial
review.
27.
In regard to that matter, the Commission observes that Mr. Lagos del Campo filed all the
regular appeals provided for in his country's laws, with the aim of reversing the human rights violations of
which he alleges he was a victim. Thus, the Commission concludes that the requirement provided for in
Article 46(1)(a) of the American Convention has been met by the petitioner.
2.
Filing Period
28.
Pursuant to the provisions of Article 46(1) of the Convention, for a petition to be admitted,
it must be lodged within a period of six months from the date on which the party alleging violation of his
rights was notified of the final judgment.
29.
The Commission believes it is necessary to expressly state in the record that the
petitioner first sent his petition to the IACHR through the OAS office in Peru on October 14, 1993. That
office sent the petition on August 5, 1998, the date on which the IACHR took cognizance of it. In this
regard, in analyzing the filing period the Commission considers the date of October 14, 1993, as the date
on which the petition was lodged.
30.
In this case, the last judgment contained in the case file was issued on March 15, 1993,
and was handed down by the Chamber of Constitutional and Social Law of the Supreme Court of Justice.
18
Notification of that decision was given on April 26, 1993. Taking into account that the petition was
lodged on October 14, 1993, the Commission considers that in this case the requirement established in
Article 46(1)(b) of the American Convention was met. In view of the foregoing and for the purposes of
analyzing the petition's admissibility, the IACHR believes that it is not necessary to analyze the outcome
of the legal actions undertaken by the petitioner from July 1996 on.
3.
Duplication of Proceedings and Res Judicata
31.
Article 46(1)(c) establishes that a petition's admission is subject to the matter not being
"pending in another international proceeding for settlement," and Article 47(d) of the Convention states
that the Commission shall not admit a petition or communication that is "substantially the same as one
previously studied by the Commission or by another international organization." In the instant case, the
parties have not alleged the existence of either of these inadmissibility situations, nor are they deduced
from the file.
4.
Characterization of the Alleged Facts
32.
For the purposes of the admissibility report, the IACHR must decide at this stage of the
proceedings only whether the petition relates facts which, if proved, could characterize violations of the
Convention, as stipulated in Article 47(b) of the American Convention, or whether the petition is
"manifestly groundless" or "obviously out of order," according to paragraph (c) of the same article. The
IACHR must conduct a prima facie evaluation to determine whether the complaint establishes the
grounds for an apparent or potential violation of a right guaranteed by the Convention, but not to establish
the existence of such a violation. The examination it must perform at this time is simply a summary
analysis and does not imply a prejudgment or an advance opinion on the merits of the matter.
33.
It can be deduced from the information and allegations presented by the petitioner that
Mr. Alfredo Lagos del Campo was dismissed from his job at the Ceper-Pirelli S.A. company for allegedly
having made statements to the newspaper La Razón in which he was said to have used negative
descriptions in referring to the company and to his co-workers. Mr. Lagos del Campo denied responsibility
18
See annex number 18 to the initial submission (in fine).