56. However, since one of the exceptions to the requirement of prior exhaustion of domestic remedies has been applied, the Commission must consider the date upon which the alleged violation of human rights occurred and the circumstances of each case in order to decide if the petition was filed in a reasonably timely manner. 57. In the instant case, the exception to the requirement of prior exhaustion of domestic remedies provided for by article 46(2) (c) of the Convention is applicable, and the occurrence of the facts object of this petition began on January 17, 2001. The petition was filed with the Commission on May 15, 2002. Bearing in mind the circumstances of the case, including the existence of judicial proceedings that remain in their preliminary stage, it is the opinion of the Commission that the time period within which the petition was lodged was reasonable. 3. Duplication of procedures 58. Article 46(1) (c) of the American Convention provides that the admissibility of a petition is subject to the requirement that the matter “is not pending in another international proceeding for settlement,” and article 47(d) of the Convention provides that the Commission cannot admit a petition that “is substantially the same as one previously studied by the Commission or by another international organization.” In the instant case the parties have not raised the existence of any of these circumstances leading to inadmissibility, nor do they arise from the proceedings so far. 4. Characterization of the facts alleged 59. Article 47(b) of the Convention provides that the Commission shall declare any petition or communication filed inadmissible that “does not state facts that tend to establish a violation of the rights guaranteed by this Convention.” 60. The Commission believes that it is not appropriate at this stage of the proceedings to establish whether a violation of the American Convention exists or does not exist. For the purposes of admissibility, the IACHR must decide whether there is a statement of facts that tend to establish a violation, as provided for by article 47(b) of the American Convention, and if the petition is “manifestly groundless” or if it is “obviously out of order,” pursuant to the article’s subparagraph (c). 15

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