29.
In view of the Commission’s conclusion that there was an
unwarranted delay in the processing of domestic remedies and that the
exception provided for in Article 46(2)(c) of the American Convention is
applicable, it is understood that the final judgment referred to in Article
46(1)(b), has not been handed down. Hence the six month time period
for the lodging of a petition after the notification of a final judgment, has
not begun to run. Nevertheless, the Commission considers that the
petition has been filed within a reasonable time period starting from the
date on which the victims’ rights were allegedly violated and that,
therefore, pursuant to Article 32 of its Rules of Procedure, the
requirement of timeliness of the petition has been satisfied.
3.
Duplication of international proceedings and res judicata
30.
The Commission finds that there is no evidence in the record
indicating that this petition is pending in another international
proceeding or that it is substantially the same as one previously
examined by it. It has not received any information, either, to indicate
the existence of a situation of similar nature. It therefore finds that the
requirements established in Articles 46.1 (c) and 47(d) of the
convention have been satisfied.
4.
Characterization of the alleged facts
31.
It is the opinion of the Commission that, prima facie, the facts
alleged by the petitioners, should they be proven, could eventually
constitute the violation, with prejudice to the alleged victim, of Articles 4
(right to life), 8 (right to a fair trial), and 25 (right to judicial
protection), all in connection with Article 1(1) (general obligation to
respect rights) of the American Convention. Regarding the possibility
that the alleged facts could eventually constitute a violation of Article 4
of the Convention, it is the opinion of the Commission that Article 4, in
connection with Article 1(1) of the American Convention, implies a duty
of full protection which not only requires that no person should be
deprived arbitrarily of his or her life (negative obligation), but that also
requires the States to take all appropriate measures to protect and
preserve the right to life (positive obligation)10 as part of their duty to
ensure full and free exercise of their rights by all persons under their
10 I/A Court H.R., Cfr. Case of Bámaca-Velásquez. Judgment of November 25,
2000, Series C, No. 70, para. 172; and Case of the “Street Children” (Villagrán
Morales et al.), Judgment of November 19, 1999. Series C, No. 63, para. 139.
Case of Juan Humberto Sánchez v. Honduras. Judgment of June 7, 2003, para.
110.
10
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