A. Competence of the Commission Ratione Materiae, Ratione Personae, Ratione Temporis, and Ratione Loci Competence ratione personae Competence ratione loci Competence ratione temporis Competence ratione materiae Duplication of Proceedings and International Res Judicata B. Yes Yes Yes Yes No Exhaustion of Domestic Remedies and Timeliness of the Petition 37. As regards the requirement of exhaustion of domestic remedies, the Commission observes that Mr. Mina Cuero filed an application for constitutional relief and an unconstitutionality suit to challenge the decision of the Disciplinary Tribunal. In both cases, the decision was unfavorable. The IACHR finds that the available remedies under domestic law were exhausted. As regards the State's argument that the unconstitutionality suit was not a suitable remedy, the IACHR notes that the Constitutional Court ruled on its merits, finding that no such unconstitutionality existed. In that sense, the IACHR finds that it was a remedy that offered the possibility of a review and response to the merits of his claims, and therefore, the time limit should be counted from the notification of the final decision in the context of that suit. 38. Therefore, specifically as regards the timeliness of presentation, the Commission finds that the unconstitutionality suit was decided on August 14, 2001, and that notice was given of that decision on August 29, 2001, as the notification contained in the record states. Therefore, in contrast to what the state submits, the presentation time limit should be counted from the latter date, not from the date of the decision on the unconstitutionality suit. As regards the date of receipt, the IACHR finds that the original petition was sent by post on February 28, 2002, and actually received on March 11, 2002. Therefore, the petition was actually received 10 days after the expiration of the six-month time limit counted from August 29, 2001. It has been the practice of the IACHR when the petition is submitted by post, as in this case, to allow a margin of flexibility of up to two weeks on the time limit. 39. Based on the foregoing, the IACHR considers that the requirements relating to exhaustion of domestic remedies and timeliness of the petition established at Articles 46(1) (a) and (b) have been met. C. Colorable Claim 40. The Commission finds that, if proven, the facts alleged by the petitioner could amount to violations of the right to a fair trial, the principle of legality, and the right to judicial protection recognized in Articles 8, 9, and 25 of the American Convention, in connection with the obligations set forth Articles 1(1) and 2 of said instrument. IV. FINDINGS OF FACT A. Victor Henry Mina Cuero 41. As the record shows, the alleged victim served in the National Police of Ecuador from April 1, 1993, until his dismissal in 2000; that is, for more than seven years and seven months.