58. The State claims that the petition was lodged extemporaneously before the IACHR in
violation of the criterion of a reasonable time period for lodging the petition. It asserts that the
petition does not satisfy the IACHR’s requirement of a reasonable time period and that there is
nearly a decade separating the moment the petition was lodged from the incidents contained
therein. It states that Mr. Vélez Restrepo’s procedural activity in domestic as well as
international forums was intended to delay the lodging of the petition before the IACHR.
59. It states that in the current context and the particular circumstances, there is no ongoing
violation or objective circumstance of fear that could be substantiated, against Mr. Vélez
Restrepo and his family, and therefore the extemporaneity in lodging the petition is
unwarranted.
IV.
ANALYSIS OF ADMISSIBILITY
A.
The competence of the Commission ratione materiae, ratione personae, ratione
temporis y ratione loci
60. The petitioners are entitled under Article 44 of the American Convention to lodge
complaints before the IACHR. The petition indicates as alleged victims Luis Gonzalo Vélez
Restrepo, Aracelly Román Amariles, Mateo Vélez Román and Juliana Vélez Román, natural
persons with respect to whom Colombia has undertaken to respect and ensure the rights
enshrined in the American Convention. With regard to the State, the Commission points out
that Colombia has been a State party to the American Convention since July 31, 1973, when it
deposited the respective ratification instrument. Therefore, the Commission has competence
ratione personae to take up the petition.
61. The Commission has competence ratione materiae because the petitioners are alleging
violations of rights protected by the American Convention. Likewise, the Commission has
competence ratione loci to take up the petition insofar as it alleges violations of rights
protected in the American Convention that would have occurred within the territory of
Colombia, a State party to that treaty. Finally, the Commission has competence ratione
temporis insofar as the obligation to respect and guarantee the rights protected in the
American Convention were in force for the State on the date that the events described in the
petition allegedly occurred.
B.
Other admissibility requirements
1.
Duplication of proceedings and international res judicata
62. In its observations concerning the petition, the State of Colombia claimed the existence of
litispendence with respect to the subject matter of the petition in another international
proceeding, since the case was supposedly pending before the United Nations Human Rights
Committee, with identical victims, facts and petitions, and therefore does not comply with the
requirements set forth in Articles 46(1) (c) and 47 (d) of the Convention and 33(1) of the
Rules of Procedure of the IACHR. The petitioners, for their part, indicate that prior to lodging
the petition before the IACHR, they had withdrawn their complaint before that Committee and
the latter had made no decision in the case.
63. In the case in point, the Commission observes that the individual communications
procedure established by Articles 1 through 5 of the Optional Protocol to the International
Covenant on Civil and Political Rights empowers the Committee to adopt decisions on specific
facts and dispute resolution measures, similar to the provisions contained in the American
Convention with respect to the Inter-American Commission. As a result, the competence and
powers of the United Nations Human Rights Committee in the resolution of individual
communications pursuant to that instrument can lead to international duplication in the terms
set forth by Articles 46 (1) c) and 47(d) of the Convention. On previous occasions, the IACHR
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