possible to apply the exception to exhaustion of domestic remedies for unwarranted delay set forth in Article 46(2)(c) of the American Convention, meaning that for this petition, the requirement of exhaustion of domestic remedies cannot be invoked. 2. Time-limits for submitting the petition 44. The American Convention establishes that for a petition to be admissible by the Commission, it must be 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. In the claim under analysis, the IACHR has established that exceptions to the exhaustion of domestic remedies apply, pursuant to Article 46(2)(c) of the American Convention. In these cases, the Commission must decide whether or not the petition was lodged within a reasonable period of time in accordance with Article 32(2) of its Rules of Procedure, which provides that: In those cases in which the exceptions to the requirement of prior exhaustion of domestic remedies are applicable, the petition shall be presented within a reasonable period of time, as determined by the Commission. For this purpose, the Commission shall consider the date on which the alleged violation of rights occurred and the circumstances of each case. 45. The petition was received on June 7, 2011; and the alleged acts that are the subject of the claim began with threats in 1998 and her kidnapping and sexual assualt on May 25, 2000; the subsequent threats and attacks that cause her to leave the country and the effects resulting from the alleged failure to administer justice that reporteldly extend to the present. Therefore, in view of the context and the characteristics of this petition, the Commission finds that the it was presented within a reasonable period of time and that the admissibility requirement on the submission deadline is satisfied. 3. Duplication of international proceedings and international res judicata 46. The case file does not indicate that the issue addressed in the petition is pending before any other international proceeding, nor that it repeats a petition that has already been heard by this or any other international body. Accordingly, the requirements established in articles 46(1)(c) and 47(d) of the American Convention have been complied with. 4. Characterization of the alleged facts 47. It is the responsibility of the Inter-American Commission to determine if the facts described in the petition comprise a violation of the rights enshrined in the American Convention in keeping with the requirements of Article 47(b), or if the petition, in keeping with Article 47(c), must be rejected for being “manifestly groundless” or “obviously out of order.” In this procedural stage, it is the IACHR’s responsibility to do a prima facie evaluation, not with the purpose of establishing alleged violations of the American Convention, but rather to examine whether the petition denounces facts that could potentially comprise violations of rights guaranteed in the American Convention. This examination does not imply a prejudgment or an anticipation of the ruling on the merits in this matter. 5 48. Neither the American Convention nor the Rules of Procedure of the IACHR require the petitioner to identify the specific rights that the State is allegedly violating in the case submitted to the Commission, although the petitioners may do so. It pertains to the Commission, on the basis of the System’s case law, to decide in its admissibility reports which provision of the relevant inter-American instruments is applicable or could establish its violation if the allegations are proven on the basis of sufficient evidence. 49. The petitioner alleged international State responsibility for the violation of articles 4, 5, 7, 8, 11, 13, 17, 22, 24, and 25 of the Convention to the detriment of Jineth Bedoya Lima, in relation with the general obligation established in articles 1(1) and 2 of the aforementioned international instrument, as well as the 5 IACHR. Report No. 21/04. PETITION 12.190 ADMISSIBILITY José Luís Tapia González and others. Chile. February 24, 2004. Paras. 33 and 52.

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