domestic court -which in the petitioners' opinion denied them of any possibility of access to
justice- is dated March 25, 1998. Therefore, the Commission considers that the petition was
presented within a reasonable period of time.
3.
Duplication of proceedings and res judicata
30. There is nothing in the case file to suggest that the subject matter of the petition is pending in
another international proceeding for settlement or that the petition itself is substantially the same
as one already examined by the Commission or any other international body. Therefore, the
Commission considers that the requirements set out in Articles 46(1)(c) and 47(d) of the
Convention have been met.
4.
Characterization of the facts alleged
31. The Commission considers that the petitioners' allegations of violations of the right to judicial
guarantees in the matter addressed in this report could tend to establish facts that would
constitute violations of the rights of the victim and his next of kin, recognized in Articles 1(1), 8
and 25 of the American Convention, without prejudice to the possibility that, when considering the
merits of the case, the Commission may find other violations.
V.
CONCLUSIONS
32. The Commission concludes that it has competence to examine the case lodged by the
petitioners concerning the alleged violation of the right of access to justice, the right to judicial
guarantees, and the State's obligation to respect and ensure the free and full exercise of the
recognized rights to all persons subject to its jurisdiction.
33. Based on these arguments of fact and of law, and without prejudging the merits of the case,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1. To declare this case admissible as regards the alleged violations of the rights contained in
Articles 1(1), 8, and 25 of the American Convention.
2. To notify the State and the petitioners of this decision.
3. To proceed with the consideration of the merits of the case.
4. To publish this decision and include it in the Annual Report that the Commission will present to
the OAS General Assembly.
Done and signed at the headquarters of the Inter-American Commission on Human Rights, in the
city of Washington, D.C., on the 9th day of October in the year 2002. (Signed): Juan E. Méndez,
President; Marta Altolaguirre, First Vice-President; Commission members Robert K. Goldman, Julio
Prado Vallejo, Clare K. Roberts, and Susana Villarán de la Puente.
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