39. In the instant case, the petition was received on March 30, 1999; the facts that are the subject matter of the claim occurred on August 11, 1996; and their effects, in terms of the alleged failure of the administration of justice, extend to the present day. The Commission observes that on February 11, 1999, the Contentious-Administrative Court Tribunal of Arauca declared the State responsible for the death of Gustavo Giraldo Villamizar; and on November 19, 1999, the military justice system declared the discontinuance of criminal proceedings into the death of Gustavo Giraldo Villamizar, and on September 27, 2000, the Office of the Delegate Procurator for Human Rights (la Procuraduría Delegada para la Defensa de los Derechos Humanos) ordered the discontinuance of the disciplinary proceeding against two members of the National Army allegedly involved in the facts that are the subject matter of the claim. Therefore, in view of the context and the characteristics of the instant case, the Commission considers that the petition was submitted within a reasonable time and that the admissibility requirement referring to deadline for lodging a petition should be considered to have been satisfied. 3. judicata Duplication of procedures and international res 40. It does not appear from the record that the subject matter of the petition is pending before any other procedure for international settlement, nor that it reproduces a petition already examined by this or any other international organization. Therefore, the requirements established at Articles 46(1)(c) and 47(d) of the Convention should be deemed to have been met. 4. Characterization of the facts alleged 41. In view of the elements of fact and law presented by the parties and the nature of the matter put before it, the IACHR considers that the petitioners’ allegations on the scope of state responsibility for the death of Gustavo Villamizar and its failure to judicially clarify the facts tend to establish possible violations of the rights to life, judicial guarantees, and judicial protection protected at Articles 4(1), 8(1), and 25, all in conjunction with Article 1(1) of the American Convention. In addition, given the elements of fact of the instant petition, and in application of the principle of iura novit curia, the Commission observes that in the merits stage it should analyze the possible responsibility of the State, in light of the standards of Article 11 of the American Convention, for reporting that Gustavo Giraldo Villamizar belonged to 15