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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