relevant, in any report on the merits adopted by the Commission to establish whether they do,
in fact, constitute violations of the American Convention.
C.
Timeliness of the petition
49. According to Article 46(1)(b) of the Convention, for a petition to be admitted it must be
submitted within six months of the date on which the petitioner was notified of the final
decision in the domestic jurisdiction. Nonetheless, as provided in Article 32(2) of the IACHR’s
Rules of Procedure, in those cases in which the exceptions to prior exhaustion rule apply, the
petition must be submitted within a time Commission considers reasonable. To this end, the
Commission should consider the date of the alleged violation of rights and the circumstances of
each case. 14
50. In the petition under study, the IACHR considers that the exception to the prior exhaustion
requirement provided for at Article 46(2)(a) of the American Convention applies. Mindful of the
date on which the dispute that led to this petition began, the time that has transpired since the
signing of the agreement to which the State is one of the signatories, and the lack of progress
in resolving the conflict alleged, the IAHCR concludes that the petition, submitted on October
29, 2003, was submitted in a reasonable time, and, therefore, it considers that the
requirement established at Article 46(1)(b) of the Convention has been satisfied.
D.
Duplication of procedures and international res judicata
51. In order for a petition to be admissible, the American Convention requires, at Article
46(1)(c), "that the subject of the petition or communication is not pending in another
international proceeding for settlement,” and at Article 47(d) that it not reproduce the content
of a petition already examined by this or any other international organization.
52. In this respect, the petitioner indicated that the petition under examination was not
submitted to any other international organization, and no evidence to the contrary appears in
the record. Therefore, the IACHR concludes that the requirement established at Article
46(1)(c) of the Convention has been met.
E.
Characterization of the alleged facts
53. For purposes of admissibility, the Commission has to determine whether the facts alleged
tend to establish a violation of rights enshrined in the American Convention, as required by
Article 47(b), or whether the petition should be dismissed as “manifestly groundless” or
obviously out of order, as per Article 47(c). The standard by which these requirements are
assessed is different from the one needed to decide upon the merits of a petition; the
Commission must perform a prima facie evaluation to determine whether the petition establishes
the grounds for finding a possible or potential violation of a right protected by the Convention,
but not to establish the existence of a violation of rights. This determination constitutes a
primary analysis that does not imply any prejudging on the merits of the dispute.
54. The Commission will consider in the merits stage whether there exists or not a violation of
the rights enshrined in Articles 21 and 25 of the American Convention, in conjunction with
Articles 1 and 2 of the same instrument, taking into consideration the special relation between
the indigenous communities with their ancestral lands, recognized both by the IACHR and the
Inter-American Court 15. Therefore, it concludes that the requirement established in Article
47(b) of the Convention has been satisfied.
14
IACHR, Report No. 15/09 (Admissibility) Petition 1-06, Massacre and Forced Displacement in Montes de María,
Colombia, March 19, 2009, para. 62
15
Is this regard, consider Article 21 of the American Convention on Human Rights, in light of the provisions: I/A Court
H.R., The Mayagna (Sumo) Awas Tingni Community v. Nicaragua Case. Judgment of August 31, 2001. Series C No.
79; I/A Court H.R., Case of the Yakye Axa Indigenous Community v. Paraguay Case. Judgment of June 17, 2005.
Series C No. 125; I/A Court H.R., Case of the Sawhoyamaxa Indigenous Community v. Paraguay Case. Judgment of
March 29, 2006. Series C No. 146; I/A Court H.R., Case of the Saramaka People v. Suriname Case. Judgment of
November 28, 2007. Series C No. 172; IACHR, Report N° 75/02, Mary y Carrie Dann (United States), December 27,
8