14. In these circumstances, the jurisprudence of the Inter-American Court of Human Rights is
applicable in the sense that "the State claiming non-exhaustion has an obligation to prove that
domestic remedies exist and that they are effective".2 Accordingly, the Commission is of the
view that the petitioners' arguments, in conjunction with the statements made by the Supreme
Council of Military Justice, seem to be valid insofar as domestic remedies were effectively
exhausted.
2.
Deadline for filing the petition
15. The petition was filed within six months of the final decision, as specified in Article 46(1)(b)
of the Convention. Indeed, the attorney representing Lori Berenson was notified of the
Supreme Military Court's decision on the appeal for review on August 8, 1997, and the petition
was filed on January 22, 1998.
3.
Other international bodies
16. The petition satisfies the requirements set out in Article 46(1)(c) that the case not be
pending a decision before another international body or constitute the duplication of a petition
already examined and decided on by the Commission or by any other international body to
which the State belongs.
V.
CONCLUSION
17. The Commission concludes that it is competent to hear the present case and that it is
admissible in accordance with the conditions set out in Articles 46 and 47 of the American
Convention.
18. On the basis of these points of fact and of law and without prejudice to the merits of the
case,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1. To declare the present case admissible.
2. To notify the parties of the present decision.
3. To continue examining the questions of substance.
4. To place itself at the disposition of the parties with a view to finding an amicable solution
based on respect for the rights protected under the American Convention and to invite the
parties to respond within a period of two months as to what they have decided in that regard
5. To make the present report public and to include it in the annual report of the OAS General
Assembly.
Doned and signed at the headquarters of the Inter-American Court of Human Rights, on the
eighth day of December 1998. (Signed): Carlos Ayala Coroa, Chairman; Robert K. Goldman,
First Vice Chairman; Jean Joseph Exumé, Second Vice Chairman; and commissioners Alvaro
Tirado Mejía, Claudio Grossman, Hélio Bicudo, and Henry Forde.
2 Inter-American Court of Human Rights, Case of Neira Alegría et al, Preliminary Objections, judgement of December
11, 1991.
3