5
29.
According to Article 46.1 of the Convention, for a petition to be admitted, it must be
lodged within the stipulated time frame of six months from the date that the party alleging the violation of
his rights was notified of the final judgment at the national level.
30.
In this case, according to the information provided by the petitioners and not refuted by
the State, the judgment of the National Supreme Court of Justice concerning the extraordinary remedy
was transmitted to Mr. Hernández in March 1998, and he lodged his petition on June 30, 1998; he was
thereby in compliance with the requirement stipulated in Article 46.1.b of the American Convention.
3.
Duplication of proceedings and res judicata
31.
Article 46.1.c states that the admission of a petition is subject to the requirement that the
subject not be “pending in another international proceeding for settlement,” and Article 47.d of the
Convention stipulates that the Commission shall consider inadmissible any petition that is “substantially
the same as one previously studied by the Commission or by another international organization.” In the
case of record, the parties have not alleged any of these circumstances of inadmissibility, nor have any
emerged from the proceedings.
4.
Characterization of the alleged facts
32.
Article 47.b of the American Convention declares inadmissible any petition that does not
state facts that establish a violation of the rights guaranteed by the Convention. In this case, it is not the
Commission’s place at this stage of the proceedings to decide whether or not the alleged violations of the
American Convention took place. The IACHR conducted a prima facie evaluation and determined that the
petition makes accusations that, if proven, could tend to establish possible violations of the rights
guaranteed by the Convention.
33.
From the information and allegations of the petitioners, the Commission finds that Mr.
José Luis Hernández had been deprived of liberty for over two years: the first year and a half in a local
jail, under allegedly unacceptable conditions of detention. They allege that these conditions had been
brought to the attention of the authorities on several occasions without obtaining, according to the
petitioners, a timely response. It furthermore observes that Mr. Hernández had been diagnosed with
meningitis while he was in preventive detention under the care of the State and, according to the
petitioners, despite repeated complaints lodged to obtain medical attention for Mr. Hernández, he did not
receive the care that his health condition required, leaving him with permanent physical and mental
sequelae. The Commission considers that, if the petitioners’ allegations are proven, they could establish
violations of Articles 5 and 7 of the American Convention, as well as 7 of the Inter-American Convention
to Prevent and Punish Torture.
34.
As to the civil suit for damages and injuries, the State has indicated that there were no
irregularities in the procedure and that Mr. Hernández enjoyed all judicial guarantees. It argues that the
judges that heard the complaint, both in the lower court and subsequent higher courts, dismissed the suit,
in compliance with the law, because it had been lodged after the statute of limitations had expired. Thus,
it alleges that the petitioners’ intent is for the Commission to overturn a domestic ruling that was
unfavorable to Mr. Hernández; it has therefore requested that the petition be declared inadmissible. In
this regard, as indicated in the preceding paragraph, the matter dealt with in this petition is not limited to a
claim for damages and injuries, but also to a series of conditions of detention that existed prior to the
diagnosis of the illness contracted by the alleged victim and to subsequent consequences. The
Commission considers that the relationship between the different claims and denunciations lodged with
various authorities requires an analysis on the merits with respect to Articles 8 and 25 as they relate to
Article 1.1 of that same instrument.
35.
The Commission furthermore concludes that, from the information provided by the
parties, it lacks sufficient evidence to infer the supposed establishment of violations of Articles 11, 17, and
24 of the Convention by the Argentine State.