53. Article 46(1)(b) of the American Convention stipulates that admission of a petition
requires “that the petition or communication is 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”.
54.The instant petition was lodged with the IACHR on January 19, 1999, five months
after the Supreme Court’s decision rejecting the recurso de queja filed by the
petitioner on July 31, 1998. Therefore, the petition meets the requirements with
regard to timeliness established in Article 46(1)(b)of the Convention.
D. Duplication of proceedings
55. Article 46(1)(c) of the Convention provides that admissibility of a petition by the
Commission requires that the subject of the petition or communication is not pending
in another international proceeding for settlement. Article 47(d) of the Convention also
stipulates that the Commission shall declare inadmissible any petition that is
substantially the same as one previously studied by the Commission or by another
international organization.
56.From the statements of the parties and the documents in the file, it does not
appear that the petition is pending in any other international proceeding or forum, or
that it is substantially the same as any previously studied by the Commission or by
another international organization.The Commission therefore considers that in the
instant case the requirements for admissibility in Articles 46(1)(c) and 47(d) of the
Convention have been met.
E.
Nature of the facts alleged
57. For purposes of admissibility, the IACHR has to determine whether the facts stated
in the petition tend to establish a violation of rights set forth in the American
Convention, as required under Article 47(b), or whether the petition must be dismissed
as "manifestly groundless" or "obviously out of order" under Article 47(c).
58. The standard by which to assess these extremes is different from the one needed
to decide the merits of a petition. The IACHR must do a prima facie evaluation, not to
establish the existence of a violation but rather to examine whether the petition states
facts that tend to establish a potential or apparent violation of a right guaranteed by
the Convention. That examination is a summary analysis that does not imply any
prejudgment or advance opinion on the merits of the petition. By establishing two
clearly separate phases -one for admissibility and the other for the merits- the
Commission's own Rules of Procedure reflect the distinction between the evaluation the
Commission must make to declare a petition admissible, and the evaluation required to
establish a violation.
59. With regard to the rights protected under Article 13, petitioners allege that the
Committee on Foreign Investment failed to provide an adequate response to a
legitimate request for access to state-held information, withholding information that
was wrongly deemed "confidential." The State claims that it has complied with its
obligation to provide access to state-held information by answering some of the
petitioners' requests and that the remaining requests were not answered because the
State legitimately considered the information to be confidential in nature. Article 13
includes the right to "seek, receive and impart information." In this case, the