29.
Article 46(1)(b) of the Convention provides that a petition
must be lodged within a period of six months from the date on which
the petitioners are notified of the final judgment exhausting domestic
remedies. The State has not invoked failure to comply with the six
months rule, for which reason it is deemed tacitly to have waived this
defense The Commission concludes that the petition was presented
within the time limit established in Article 46(1)(b) of the Convention. 6
3.
Duplication of proceedings and res judicata
30.
The Commission understands that the substance of the
petition is not pending in any other international proceeding for
settlement, nor is it substantially the same as any petition previously
studied by the Commission or other international body. Hence, the
requirements set forth in Articles 46(1)(c) and Article 47(d) of the
Convention have also been met.
4.
Characterization of the facts alleged
31.
The Commission notes that the petition raises important
questions about the scope of civil reparations for the relatives of victims
of grave human rights violations. Consequently, the Commission
concludes that the petitioner's complaint describes facts that, if proven,
could constitute violations of the rights protected by Articles 8 and 25 of
the American Convention, in relation with the obligations of Articles 1(1)
and 2, and that the requirements of Article 47(b) are thereby fulfilled.
V.
CONCLUSION
32.
By virtue of the arguments of fact and of law set forth
above, the Commission concludes that the case at hand fulfills the
requirements of admissibility established in Article 46 of the American
Convention and, without prejudging the merits of the case,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES:
1.
To declare the petition admissible with respect to Articles
1(1), 2, 8 and 25 of the American Convention.
6 Moreover, the petitioners argue that the denial of justice culminated in
the judgment of the Supreme Court of January 17, 2003. The petitioners
submitted their complaint to the Commission on July 14, 2003, i.e.
within the six months required by the American Convention.
11
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