which the party alleging violation of his rights was notified of the final judgment. The
six-month rule guarantees certainty and legal validity once a decision has been
adopted.
73.
According to Article 32.2 of the IACHR Rules of Procedure, in those
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. This article provides that to determine this,
the Commission “shall consider the date on which the alleged violation of rights
occurred and the circumstances in each case.”
74.
In the instant case, it is necessary to consider the deadline for
presentation of the petition in connection with each of the three alleged matters under
examination.
75.
Insofar as the death sentence is concerned, the IACHR has
established that domestic remedies were exhausted with the Constitutional Court’s
decision of July 4, 2001, of which the alleged victim’s counsel was notified on
December 12, 2002,29 and the request made to the IACHR in case “12.402 - Ronald
Ernesto Raxcacó Reyes” to include Mr. Ruiz Fuentes as a victim in this proceeding was
made on January 2, 2003.30 Therefore, the Commission finds the requirement is
satisfied with regard to this point.
76.
As for the alleged torture of Mr. Ruiz Fuentes, the Commission has
found that the exception of Article 46.2.c is applicable; consequently, it must consider
whether the petition was submitted within a reasonable period of time considering the
circumstances of the case. On this matter, as noted in the discussion on exhaustion of
domestic remedies, the alleged victim had an expectation and procedural interest that
the alleged violation of his rights would be duly investigated when he denounced them
to a judge. As of the date of presentation of the petition to the IACHR, as analyzed ut
supra, the investigation was prima facie inadequate, so that the lack of judicial
response by the State to guarantee the alleged violation of Mr. Ruiz Fuentes’rights
would have continued to the time when the complaints were presented and thereafter.
The Commission finds these elements sufficient to conclude that the petition was
presented within a reasonable period of time.
77.
Concerning the alleged summary execution, the IACHR found the
exception of Article 46.2.c to be applicable, and therefore, in analyzing the
reasonableness of the period of time in which the petition was submitted, it must also
take into account the specific circumstances of the matter that were presented for its
consideration. In this regard, and since the respective facts are still in the investigation
stage, with an unwarranted delay in measures and investigations for their resolution,
the period of time within which the petition concerning these facts was presented is
reasonable.
3.
Duplication of proceedings and international res judicata
78.
Article 46.1.c requires that for a petition to be admitted it is
necessary that its subject “is not pending in another international proceeding for
29 IACHR, Report on Merits 49/03, case 12.402 Ronald Ernesto Raxcacó Reyes, Guatemala, October 8,
2003, para. 29.
30 IACHR, Report on Merits 49/03, case 12.402 Ronald Ernesto Raxcacó Reyes, Guatemala, October 8,
2003. Presentation by the petitioners on January 2, 2003.
13
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