jurisdiction does not provide adequate means to prosecute and punish human rights violations
of the nature alleged in this case nor redress their consequences. The contentiousadministrative jurisdiction, moreover, is a mechanism destined to supervise the State’s
administrative activity, and which allows only for compensation for damages caused by abuse
of authority. Accordingly, in a case such as this, it is not necessary to exhaust these remedies
prior to recurring to the Inter-American system.
24. Nor is it required in a case such as this to comply with the six-month period provided for in
Article 46(1)(b) of the Convention, as the petition was submitted within the reasonable period
of time referred to in Article 32(2) of the Commission’s Rules of Procedure, for those cases in
which no final judgment has been issued prior to submission of the petition.
25. Finally, the Commission must indicate that the application of the exceptions to the prior
exhaustion rule, provided for at Article 46(2) of the Convention is closely linked to the
determination of the alleged violations of substantive rights set forth in the Convention, such
as the guarantees of access to justice. Nonetheless Article 46(2), by its nature and purpose, is
autonomous from the substantive provisions of the Convention. Accordingly, the determination
as to whether the exceptions to the prior exhaustion of remedies rule apply to the case in
question must precede the analysis of the merits, for it rests upon a separate standard of
appreciation from that employed to determine whether Articles 8 and 25 of the Convention
have been violated. It should be clarified that the causes and the effects that prevented the
exhaustion of domestic remedies in this case will be analyzed in due course in the Report on
the merits where the IACHR shall determine whether they actually constitute violations of the
American Convention.
2.
Duplication of proceedings and res judicata
26. It does not appear from the record that the subject matter of the petition is pending before
another international procedure, or that it reproduces a petition already examined by this or
any other international body. Accordingly, the requirements established in Articles 46(1)(c)
and 47(d) of the Convention have been met.
3.
Characterization of the facts alleged
27. The Commission considers that the petitioners’ allegations regarding the alleged violation
of the rights to life, humane treatment, personal liberty, and the judicial protection of the
victims and their family members, if true, tend to establish a violation of the rights guaranteed
at Articles 4, 5, 8, 21, and 25, in relation to Articles 1(1) and 2 of the American Convention.
The IACHR notes that the petitioners have failed to sustain with arguments of fact and of law
their claim regarding the alleged violation of Article 7 and therefore it cannot be admitted at
this time.
28. Moreover, in view of the allegations that 15 of the victims were children, the Commission
will consider, in the merits phase, whether it must also examine the international obligations of
the State in light of possible violations of Article 19 of the American Convention.
V.
CONCLUSIONS
29. The Commission concludes that the case is admissible and that it is competent to examine
the claim submitted by the petitioners on the alleged violation of Articles 4, 5, 8, 21, and 25, in
conjunction with Articles 1(1) and 2 of the American Convention, in keeping with the
requirements established at Articles 46 and 47 thereof.
30. Based on the arguments of fact and law set forth above, and without prejudging the
merits,
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