35.
The Commission considers that the requirement specified in Article 46(1)(a) of
the American Convention has been met.
2.
Deadline for lodging the petition
36.
With regard to the requirement in Article 46(1)(b) of the Convention, which
stipulates that the petition must be lodged within a period of six months from the date on
which the victim was notified of the final decision on exhaustion of domestic remedies, the
Commission confirms its position as follows:
noncompliance with a final judicial decision constitutes a continued violation by
the persisting States and is a permanent infringement of Article 25 of the
Convention, which establishes the right to effective judicial protection.
Consequently, the requirement pertaining to the period for lodging petitions,
as specified in Article 46(1)(b) of the American Convention, does not apply in
these cases.2
37.
In accordance with the foregoing, the requirement pertaining to the period for
filing petitions, as specified in Article 46(1)(b) of the American Convention, is not applicable
to the case in point, since what was submitted to the IACHR for its consideration was an
allegation of continued noncompliance with a decision handed down by the Supreme Court of
the Republic on February 12, 1992. In this regard, the Commission finds that the petition
under consideration was submitted within a reasonable period of time, pursuant to the terms
of Article 32 of its Regulations, equivalent in content to Article 38 of the Regulations in force
at the time the complaint was lodged.
3.
Duplication of procedures and res judicata
38.
The Commission understands that the subject of the petition is not pending
other international settlement procedures, nor is it a replication of another petition already
considered by the Commission or another international organization. Therefore, the
requirements established in Articles 46(1)(c) and 47(d) of the Convention have been met.
4.
Description of the facts
39.
The Commission considers that the statement by the petitioner refers to facts
which, if proven, could represent a violation of the right to judicial protection established in
Article 25(2)(c) of the American Convention, and a violation of the obligation to respect the
rights referred to in Article 1(1) of said Convention.
V.
CONCLUSIONS
40.
The Commission concludes that it is competent to examine this petition and
that it is admissible, pursuant to Articles 46 and 47 of the American Convention.
41.
On the grounds of the above-mentioned arguments based on the facts and the
law, and without prejudging the merits of the matter,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
2 IACHR, 1998 Annual Report, Report N° 75/99 – César Cabrejos Bernuy, C