Consequently, the Commission considers that the requirement of Article 46(1) of the American Convention is complied with. 7 2. Timeliness of the petition 28. Article 46(1)(b) of the Convention provides that a petition must be lodged within a period of six months from the date on which the petitioners are notified of the final judgment exhausting domestic remedies. The petitioners argue that the final decision under domestic law was issued on January 7, 2003. The petitioners submitted their complaint to the Commission on July 14, 2003. The State has not invoked failure to comply with the six months rule, for which reason it is deemed to have waived this defense tacitly. The Commission concludes that the petition was presented within the time limit established in Article (46)(1)(b) of the Convention.8 3. Duplication of proceedings and res judicata 29. The Commission understands that the substance of the petition is not pending in any other international proceeding for settlement, nor is it substantially the same as any petition previously studied by the Commission or other international body. Hence, the requirements set forth in Articles 46(1)(c) and Article 47 (d) of the Convention have also been met. 4. Characterization of the facts alleged 30. The Commission notes that the petition raises important questions about the scope of civil reparations for the relatives of victims of grave human rights violations. Consequently, the Commission concludes that in its description of the alleged facts the petitioners’ complaint is not manifestly groundless or obviously out of order, and that the requirements of Article 47 (b) are thereby complied with. V. CONCLUSION 7 The petitioners also argue that the decision of the Supreme Court of January 17, 2003, declaring desierto the appeal for cassation against the judgment of the Court of Appeals of Santiago, signified the exhaustion of the remedies available under Chilean law. 8 Moreover, the petitioners argue that the denial of justice culminated in the judgment of the Supreme Court of January 17, 2003. The petitioners submitted their complaint to the Commission on July 14, 2003, i.e. within the six months required by the American Convention.

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