62. The American Convention stipulates that for a petition to be admissible 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 petition under analysis, the IACHR has recognized applicability of the exceptions to the exhaustion of domestic remedies pursuant to Article 46.2.c of the American Convention. On this matter, Article 32 of the Commission’s Rules of Procedure 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. 63. In the instant case, the petition was received on December 30, 2005, and the alleged illegal arrests, torture, and two executions occurred for the first one on August 28, 1998, and for the second one (during the processing of the case by the Commission) on January 15, 2005, with investigations initiated on the same dates as the facts. The investigation of the facts involving Benito Barrios is in the intermediate stage and that related to Rigoberto Barrios was archived in May 2006. In addition, the investigations into some of the complaints regarding threats and harassment are pending, and have yielded no results. On this matter, the State’s lack of an effective judicial response if it failed to exercise due diligence in the investigation would be continuing to the present time. Therefore, in view of the context and the characteristics of this case, and the fact that the responsible parties have still not been prosecuted and punished, the Commission considers that the petition was lodged within a reasonable period of time and that the deadline for the presentation of petitions has been met. 4. Duplication of proceedings and res judicata 64. Article 46.1.c establishes that admission of a petition shall be subject to the requirement that the matter “is not pending in another international proceeding for settlement,” and Article 47.d of the Convention provides that the Commission shall not admit a petition that “is substantially the same as one previously studied by the Commission or by another international organization.” 65. In the case at hand, the State alleges the exception of duplication of proceedings established in Article 33 of the Commission’s Rules of Procedure in view of the statements concerning the situation of Narciso, Luis Alberto, and Rigoberto Barrios made by Theo van Boven, Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, and Philip Alston, Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, on November 16, 2004, and February 2, 2005. The petitioners, however, argue that the UN Special Rapporteurs did not make definitive statements on the merits of the case, so it has not been examined by another international organization. (See IV.A supra.) 66. In this connection it must be noted that grounds for inadmissibility under Article 47.d of the Convention on duplication of international proceedings require that in addition to having identical subjects, purposes, and claims, the petition must be under consideration, or have been ruled upon, by an international organization that is competent to adopt decisions on the specific facts contained in the petition and measures for effective settlement.54 67. The Commission finds that when the Special Rapporteurs of the United Nations made comments and statements on a particular situation they were not adopting decisions or measures for the settlement of disputes such as the one under consideration. On this point, the Commission considers that the grounds for inadmissibility of the petition based on Articles 46.1.c and 47.d of the Convention and 33 of the IACHR Rules of Procedure are not present. 5. Characterization of the alleged facts 54 IACHR Report on Admissibility Nº 96/98 Case 11.827 Peter Blaine, December 17, 1998, para. 42, and IACHR Report on Admissibility Nº 47/08 Luis Gonzalo “Richard” Vélez Restrepo and family, July 24, 2008, para. 64. 12

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