relevant, during consideration of the merits of the case, in order to determine whether they constitute violations of the American Convention. 2. Timeliness of presentation 49. Article 46(1)(b) of the Convention stipulates that, to be found admissible, the petition 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 at the domestic level. However, according to Article 46(2) of the Convention and Article 32(2) of the Commission’s Rules of Procedure, “the rule does not apply when it has been impossible to exhaust internal remedies due to a lack of due process, denial of access to remedies, or unwarranted delay in issuing a final decision […]. Nor does this rule apply where the allegations concern a continuing situation--where the rights of the victim are allegedly affected on an ongoing basis.” 6 50. In the case at hand, the Commission notes that the complaint was submitted prior to the judgment of the Supreme Court of Justice on the application for conditional release of Mr. Jenkins, dated September 25, 1997; prior to the judgment of the Second National Criminal and Correctional Court of the Federal Capital dismissing the complaint laid by the Sixth Oral Tribunal of the Federal Criminal Court against the prosecutors who used falsified evidence against the petitioner, dated April 20, 1998; and prior to the resolution of the Prosecutor General to suspend administrative proceedings against those prosecution officials, dated September 6, 1999, actions that effectively brought to a close the remedies available within domestic jurisdiction. Consequently, the requirements of Article 46(1)(b) of the Convention relating to these aspects of the petition are satisfied. 3. Duplication of procedures and international res judicata 51. It does petition is settlement, any other established satisfied. 4. not appear from the record that the subject matter of the pending before another international proceeding for nor that it reproduces a petition already examined by this or international organization. Therefore, the requirements in Articles 46(1)(c) and 47(d) of the Convention have been Characterization of the facts alleged 6 See IACHR Report Nº 72/03, supra, para. 60; Report Nº 31/99 (Admissibility), Case 11.763, Plan de Sánchez Massacre, Guatemala, April 16, 1999, paras. 29 and 30. 11