45.
The invocation of exceptions to the rule of exhaustion of domestic remedies set forth in Article
46(2) of the Convention is closely linked to the determination of possible violations of certain rights set forth
in the Convention, such as the guarantee of access to justice. However, Article 46(2), by its nature and purpose,
is a provision whose content is autonomous vis-a-vis the substantive provisions of the Convention. Therefore,
the determination of whether exceptions to the rule of exhaustion of domestic remedies are applicable to the
case in question must be carried out prior to and apart from the analysis on the merits of the matter, as it
depends on a standard of examination that is different from the one used to determine a possible violation of
Articles 8 and 25 of the Convention. It should be noted that the causes and affects preventing the exhaustion
of domestic remedies will be analyzed in the report adopted by the Commission on the merits of the dispute in
order to establish whether violations of the American Convention have taken place.
2.
Deadline for submitting the petition
46.
Articles 46(1)(b) of the American Convention and 32(1) of the Rules of Procedure establish
that for a petition to be admissible by the Commission, it must be lodged within a period of six months from the
date on which the party alleging violation of his rights was notified of the final judgment. In the claim under
analysis, the IACHR has established that the exception to the exhaustion of domestic remedies applies, pursuant
to Article 46(2)(a) and 46(2)(b) of the American Convention and 31(2)(a) and 31(2)(b) of the Rules of
Procedure. In this regard, Article 46(2) of the Convention and 32(2) of the Rules of Procedure establish that in
the cases in which the exceptions to the requirement of prior exhaustion of domestic remedies are applicable,
the petition shall be presented within a reasonable period of time, as determined by the Commission. For this
purpose, the Commission shall consider the date on which the alleged violation of rights occurred and the
circumstances of each case.
47.
The petition before the IACHR was received on August 19, 2011, and the alleged facts material
to the claim began on February 25, 1985, with the granting of a provisional title to members of the Agua Caliente
Community. Those facts continued with the alleged compliance with requirements to receive official
recognition of the right to ownership of the land on July 18, 2002, the effects of which extend to the present
day. Therefore, in view of the context and the characteristics of this case, the Commission finds that the petition
was presented within a reasonable period of time and that the admissibility requirement on the submission
deadline is satisfied.
3.
Duplication of international proceedings and international res judicata
48.
The case file does not indicate that the issue addressed in the petition is pending before any
other international proceeding, nor that it repeats a petition that has already been heard by this or any other
international body. Accordingly, the grounds for inadmissibility established in Articles 46(1)(c) and 47(d) of
the Convention and 33(1) and 33(1)(b) of the Rules of Procedure are not applicable.
4.
Characterization of the facts alleged
49.
For the purposes of admissibility, the Commission must decide if the facts alleged represent a
violation of rights as stipulated in Articles 47(b) of the American Convention and 34(a) of the Rules of
Procedure, or if the petition is “manifestly groundless” or “obviously out of order,” pursuant to Articles 47(c)
of the American Convention and 34(b) of the Rules of Procedure. The criteria for analyzing admissibility differs
from the criteria used to analyze the merits of the petition, as the Commission only performs a prima facie
analysis to determine if petitioners establish that the violation of rights guaranteed by the American
Convention on Human Rights is apparent or possible. This is a summary analysis that does not involve
prejudging or issuing a preliminary opinion on the merits of the matter.
50.
Likewise, the applicable legal instruments do not require the petitioner to identify the specific
rights that the State is allegedly violating in the case submitted to the Commission, although the petitioners
may do so. It falls to the Commission, on the basis of the system’s case law, to decide in its admissibility reports
which provision of the relevant inter-American instruments is applicable and whose violation could be
established if the allegations are proven on the basis of sufficient evidence.
8