exception to said requirement regarding the period for lodging the petition also applies. The
Commission considers that the petition was lodged within a reasonable period of time.
D.
Duplication of proceedings and res judicata
27. The Commission has no knowledge that the subject of the petition is pending in another
international proceeding for settlement, or that it represents, from a substantive standpoint, a
reproduction of an appeal already examined by the Commission or another international entity.
Therefore, the Commission finds that the requirements of Article 46(1)(c) and 47(d) of the
Convention have been met.
E.
Characterization of the facts
28. If their veracity is confirmed, the facts alleged by the petitioners may be characterized as
violations of the rights enshrined in the American Convention.
V.
CONCLUSIONS
29. The Commission concludes that it is competent to hear this case and that it is admissible
under Articles 46 and 47 of the American Convention.
30. Based on the arguments of fact and law set forth above, and without prejudice to the merits
of the case,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1. To declare this case admissible with regard to the facts which, if their veracity is confirmed,
constitute violations of Articles 4, 5, 8, 11 (1), 12 (2), 12 (3), and 25 of the American Convention.
2. To notify the Brazilian State and the petitioners of this decision.
3. To continue its analysis of the merits of the case; and
4. To publish this decision and include it in its Annual Report to the OAS General Assembly.
Done and signed at the headquarters of the Inter-American Commission on Human Rights in
Washington, D.C., on this 22nd day of February 2001. (Signed): Claudio Grossman, Chairman,
Juan Méndez, Vice-Chairman; Marta Altolaguirre, Second Vice-Chair; Robert K. Goldman, Julio
Prado Vallejo, and Peter Laurie, Commissioners.
Commissioner Hélio Bicudo, a Brazilian national, did not participate in the discussion of this
case in accordance with Article 19(2)(a) of the Commission's Rules of Procedure.
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