consistent with the Constitution.”14 The Commission notes that this appeal constituted
a valid means of seeking to redress the legal situation in this case regarding the
alleged violation of the constitutional rights to due process, the principle of freedom
from ex post facto laws, and the right to equal protection. The Commission observes
that the petitioners clearly stated to the local courts their aim to be returned to their
positions, alleging violations of due process and job stability. Thus, the Commission
finds that the subject of the complaint brought before it was presented to the domestic
courts through an ideal, effective domestic remedy for resolving such situations. 15
33.
In this regard, it is the Commission’s consideration that in the
present case the petitioners exhausted the adequate and effective remedies available to
reverse the denounced situation, thereby fulfilling the requirements set forth. In that
case, the IACHR considers that under the Convention’s requirements, the present
conventional requirement is fulfilled with the exhaustion of the available means of
action, without needing to exhaust other remedies that may be available afterwards.
34.
As a result, the IACHR finds that in the present case the petitioners
pursued the remedies that were available to resolve their situation and therefore finds
that the requirement set forth in Article 46(1) of the American Convention was fulfilled.
C.
Deadline for submission
35.
Under Article 46.1 of the Convention, for a petition to be admitted, it
must be presented by the stipulated deadline, namely six months from the date on
which the party alleging violation of his rights was notified of the final judgment at the
national level. This rule guarantees legal certainty and stability once a decision has
been taken.
36.
In this case, the Commission observes that the judgment that
exhausted domestic remedies was handed down by the Constitutional Court on March
3, 1998, and the petitioners were notified on May 6, 1998. 16 The OAS’s office in Peru
received the petition on November 2, 1998 and forwarded it to IACHR headquarters
that same day. The Commission concludes that the petition was lodged by the deadline
set forth in Article 46(1)(b) of the Convention.
D.
Duplication of proceedings
37.
There is no indication in the file that the petition is pending a decision
in another proceeding for international settlement, or that it duplicates a petition that
has already been examined by the Commission. Therefore, the requirements set forth
in Articles 46(1)(c) and 47(d) of the Convention have been fulfilled.
E.
Characterization of the facts alleged
38.
As the Commission has already indicated in other cases, at this point
in the process it is not necessary to determine whether or not there was an actual
violation of the American Convention. For the purposes of admissibility, the
Commission must simply decide whether the allegations set forth facts that could
14 Law No. 23506 (Art. 3).
15 IACHR, Report No. 70/04 (Admissibility), petition 667/01, Jesús Manuel Naranjo Cárdenas et al.,
Venezuela, October 15, 2004, para. 52; IACHR, Report No. 57/03 (Admissibility), petition 12.337, Marcela
Andrea Valdés Díaz, Chile, October 10, 2003, para. 40.
16 In consideration of the notice the petitioners contributed as Annex 1-K to their original complaint.
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