omission, does not constitute an adequate remedy for clarifying their liability in the violations alleged, in the terms of Article 46(1) of the American Convention. 36. In view of the foregoing, the situation alleged by the petitioners fits within the exception to the exhaustion of domestic remedies requirement set out at Article 46(2)(b) of the Convention that establishes that said exception applies when “the party alleging violation of his rights has been denied access to the remedies under domestic law or has been prevented from exhausting them.” 37. Invoking the exceptions to the prior exhaustion rule provided for at Article 46(2) of the Convention is closely tied to the determination of possible violations of certain rights enshrined in it, such as the guarantees of access to justice. Nonetheless, Article 46(2), given its nature and purpose, has autonomous content vis-à-vis the substantive provisions of the Convention. Therefore, the determination as to whether the exceptions to the rule requiring exhaustion of domestic remedies apply to the case in question must be made prior to and separate from the analysis of the merits, since it depends on a different standard from that used to determine the possible violation of Articles 8 and 25 of the Convention. It should be clarified that the causes and effects that impeded the exhaustion of domestic remedies will be analyzed in the report the Commission adopts on the merits, in order to determine whether there are violations of the American Convention. 2. Deadline for lodging a petition 38. The American Convention establishes that in order for a petition to be admissible by the Commission, it shall have to be submitted within six months of the date on which the person allegedly harmed has been notified of the final judgment. In the claim under analysis, the IACHR has determined that the exceptions to the prior exhaustion rule pursuant to Article 46(2)(b) of the American Convention apply. In this respect, Article 32 of the Commission’s Rules of Procedure establishes that in those cases in which the exceptions to the rule requiring prior exhaustion of domestic remedies apply, the petition must be submitted within a time which, in the Commission’s view, is reasonable. To that end, the Commission must consider the date on which the alleged violation is rights is said to have occurred and the circumstances of each case. 14

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