31. In the present case, the Commission observes that the State did
not file at the appropriate time an objection claiming failure to exhaust
local remedies. Therefore, the conclusion is that it tacitly waived its
right to file such objection. Moreover, the State did not challenge the
petitioners’ allegations regarding application of the exception provided
for in Article 46(2)(c) of the American Convention. Therefore, the
requirement stipulated in Article 46(1)(a) of the Convention does not
apply in the present case.
b.
Time period for submitting a petition
32. In the petition under study, the IACHR has established the
Colombian State’s tacit waiver of its right to file the objection asserting
failure to exhaust the remedies under domestic law, so that Article
46(1)(b) of the American Convention does not apply. However, the
treaty-based requirements regarding exhaustion of local remedies and
the rule requiring that the petition be submitted within six months of the
date on which the petitioner was notified of the final judgment, are two
separate matters. Therefore, the Commission must determine whether
the petition under study was lodged within a reasonable period. The
Commission notes that the original petition was lodged on May 4, 1995,
which, given the circumstances of the present petition, is considered
reasonable.
c.
Duplication of proceedings and res judicata
33. There is nothing in the case file to indicate that this matter is
pending with another international arrangement for settlement or that it
is substantially the same as one previously studied by the Commission
or by another international organization.
The IACHR therefore
concludes that the exceptions allowed under Article 46(1)(c) and in
Article 47(d) of the American Convention do not apply.
d.
Characterization of the facts alleged
34. If true, the facts reported by the petitioners concerning alleged
violations of the right to life, the right to humane treatment, the right to
personal liberty and the right to judicial protection of Noel Emiro
Omeara Carrascal, Guillermo Omeara Miraval and Héctor Alvarez
Sánchez, could tend to establish violations of the rights recognized in
articles 4, 5, 7, 8 and 25 of the Convention, in relation to Article 1(1)
thereof.
V.
CONCLUSIONS