47. The Commission notes that, in the instant case, the alleged victims filed the
ordinary appeals established in Argentine legislation, which are acquittal in the context
of the criminal action and the appeal decided by the Second Chamber of the Criminal
and Correctional Court of the Mercedes Judicial Department. The alleged victims also
filed extraordinary appeals. With regard to the latter, the Commission notes that the
application to compel jurisdiction filed before the Supreme Court of Justice of the
Nation is the final procedural path available to the alleged victims to challenge the
decision of the lower courts, therefore constituting a final decision of the criminal
action brought by Messrs. Antonio Quarracino, Humberto Romanello, and Juan B. Piriz.
48. Based on the foregoing analysis, the Commission concludes that the instant
petition meets the requirement set forth in Article 46(1)(a) of the American
Convention.
2.
Period for lodging the petition
49. In accordance with the provision of Article 46(1)(b) of the Convention, for a
petition to be admitted, 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
issued at the national level.
50. In the instant case, the Commission notes that the final decision at the national
level was issued on October 3, 1997 by the Supreme Court of the Nation, which denied
the application to compel jurisdiction [recurso de queja]. The alleged victims were
notified of said decision on October 7 of that year, so that the period for lodging the
complaint with the IACHR would expire six months later, i.e., April 7, 1998. As the
petition was lodged on February 12, 1998, the Commission concludes that the instant
petition meets the requirement set forth in Article 46(1)(b) of the American
Convention.
3.
International duplication of procedures and res judicata
51. Article 46(1)(c) provides that admission of petitions shall be subject to the
requirement that the matter “is not pending in another international proceeding for
settlement,” and Article 47(d) of the Convention stipulates that the Commission shall
consider inadmissible any petition or communication 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 adduced the existence of either of these two
requirements of inadmissibility, nor may they be deduced from the proceedings.
4.
Characterization of the facts alleged
52. The Commission considers that it is not incumbent upon it at this stage of the
proceeding to establish whether there has been violation of the American Convention.
For purposes of admissibility, the IACHR must decide whether the petition states facts
that tend to establish a violation of the Convention, as stipulated in Article 47(b) of the
American Convention, and whether the petition is “manifestly groundless” or
“obviously out of order,” in accordance with Article 47(b).
53. The standard of evaluation of these two questions is different from that required to
decide on the merits of a complaint. The IACHR must make a prima facie evaluation in
order to consider whether the complaint is based on an apparent or potential violation
of a right guaranteed by the Convention and not to establish the existence of a