still in its initial stage approximately eight years later. Therefore, the Commission
concludes that the exception of unwarranted delay stipulated in Article 46(2) of the
American Convention applies.
2.
Deadline for presentation of petitions
48.
Pursuant to Article 46(1)(b) of the American Convention, in order for
a petition to be admitted and considered by the Commission, it must be lodged within
a period of six months from the most recent judicial decision. However, Article 46(2)
of the American Convention establishes exceptions to the rule of presentation within
a period of six months. In this case, the IACHR concludes that the present case is
covered by the exception established in Article 46(2)(c), or in other words, there is
an “unwarranted delay in rendering a final judgment under the aforementioned
remedies.”
49.
By virtue of the provisions of Article 32(2) of the IACHR Rules of
Procedure referring to the case of an exception to the requirement of exhaustion of
domestic remedies, the petition must be presented within a reasonable period of
time, as determined by the Commission. In accordance with this Article, the
Commission will include in this analysis “[consideration of] the date on which the
alleged violation of rights occurred and the circumstances of each case.”
50.
In the present case, the Commission has concluded that application
of the exception to the requirement of exhaustion of domestic remedies is
appropriate, due to the unwarranted delay in rendering a judgment. Thus, the IACHR
must analyze whether the petition was lodged within a reasonable period of time, in
accordance with the specific circumstances of the situation under consideration.
51.
The Commission notes that the petition was lodged on August 10,
2000, approximately one year following the events in question, and after various
legal actions were pursued by the petitioners with a view to clarifying the matter, 60
all of which proved to be of no assistance in determining the whereabouts of the
alleged victim. The IACHR concludes that one year following the alleged
disappearance of the presumed victim is a reasonable period of time.
3.
Duplication of international proceedings and res judicata
52.
Article 46(1)(c) establishes that admission of petitions is subject to
the requirement that the subject of the petition “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 that “is
substantially the same as one previously studied by the Commission or by another
international organization.” In the case in point, neither of these two causes of
inadmissibility apply to the action by the parties, nor can they be deduced from
procedures.
4.
Characterization of the alleged facts
53.
It is the responsibility of the Inter-American Commission to determine
whether the acts described in the petition characterize violations of the rights
established in the American Convention, pursuant to the requirements of Article
47(b), or whether the petition, pursuant to Article 47(c), should be denied as
“manifestly groundless” or “obviously out of order.” In this procedural stage, it is the
duty of the IACHR to make a prima facie assessment, not for the purpose of
establishing alleged violations of the American Convention, but rather to examine
60 See paragraphs 14, 15, and 22 of this report.
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