1.
Exhaustion of internal remedies
23.
Article 46.1 of the American Convention establishes as an
admissibility requirement the prior exhaustion of internal remedies
available within the State. The petitioners argue that the decision by
the Constitutional Chamber of the Supreme Court of Justice dated
November 5, 1999, which denied the constitutional protection sought in
order to remedy alleged violations of due process in the procedure to
remove Mr. Colindres from office, marked the exhaustion of internal
remedies
in
El
Salvador.
The
State
confirms
this
assertion. Consequently, the Commission finds that the requirement of
Article 46.1 of the American Convention has been met.
2.
Filing deadline
24.
Article 46.1.b of the Convention provides that petitions must be
filed within six months after the petitioner is notified of the final decision
exhausting the internal remedies. The last domestic court decision was
issued on November 5, 1999, and the petition was received by the
Commission on May 4, 2000, that is to say, within the time frame
prescribed by Article 46.1.b of the Convention.
3.
Duplication of procedures and international res iudicata
25.
The Commission finds that the substance of the petition is not
pending in another international settlement procedure and does not
substantially duplicate a previous petition examined by the Commission
or other international organizations. Accordingly, the requirements of
Articles 46.1.c and 47.d of the Convention have been met.
4.
Characterization of the events alleged
26.
In this case, it is not appropriate for the Commission at this stage
of the procedure to decide whether the alleged violations of the
American Convention took place. For admissibility purposes, all that the
IACHR must decide at this point is whether events are alleged that, if
proven, could embody violations of the Convention, as stipulated in
Article 47.b thereof, and whether the petition is "manifestly groundless,"
that is to say, "obviously out of order," as defined in paragraph c.
27.
The standard to be used in assessing these matters differs from
the standard required to decide the substance of the case. The IACHR
must make a prima facie assessment to determine whether the
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