2.
Deadline for lodging the petition
35. Article 46(1)(b) of the Convention states that for a petition to be admissible, it
must be lodged within a period of six months from the date on which the party alleging
violation of his rights was notified of the final judgment. This rule guarantees legal
certainty and stability once a decision has been adopted.
36. In the instant case, the Commission notes that the decision of the Supreme Court
of Argentina on the appeal (recurso de queja) filed by Mr. Kimel’s counsel against the
conviction handed down by the National Chamber of Appeals for Criminal and
Correctional Matters in and for the Federal Capital was communicated to the alleged
victim on September 19, 2000. Therefore, the petition received by the Executive
Secretariat of the IACHR on December 6, 2000, was lodged in a timely manner and the
requirement contained in Article 46(1)(b) of the American Convention has been met.
3.
Duplication of proceedings and res judicata
37. There is nothing in the record to suggest that the petition is pending before
another international proceeding for settlement or that it is substantially the same as
one previously studied by the Commission or by another international organization.
Therefore, the requirements established in Articles 46(1)(c) and 47(d) of the
Convention have been met.
4.
Nature of the alleged violations
38. The Commission considers that, if proven, the petitioners’ allegations regarding the
alleged violations of the victim’s rights to a fair trial and freedom of thought and
expression, could constitute violations of the rights enshrined in Articles 8 and 13 of
the Convention, in conjunction with Articles 1(1) and 2 of said instrument.
Furthermore, there is nothing to indicate that the petition is manifestly groundless or
out of order. The Commission, therefore, considers that the requirements established
in Article 47(b) and (c) of the American Convention have been met.
39. Further, although the petitioners have not alleged it expressly, in accordance with
the principle of iura novit curia, which obliges international mechanisms to apply all
pertinent legal norms even when not invoked by the parties, 8 the Commission will, to
the extent applicable, evaluate the facts alleged in the light of Article 25 of the
American Convention, which establishes the right to judicial protection.
V.
CONCLUSION
40. The Commission concludes that it is competent to hear this case and that the
petition is admissible under the provisions of Articles 46 and 47 of the American
Convention.
8 PCIJ, Lotus Case, Judgment of September 7, 1927, Ser. A Nº 10, p. 31.