55.
However, whenever one of the exceptions to the prior exhaustion
requirement has been applied, the Commission will consider the date on which the alleged
violation of rights occurred and the circumstances of each case to determine whether the
petition was lodged within a reasonable period of time.
56.
The exception that Article 46(2) of the Convention provides to the rule
requiring exhaustion of local remedies applies in the present case and, based on the
allegations made by the petitioner, the facts that are at issue in this petition began on July 1,
2003. The petition was lodged with the Commission on November 13, 2003. Taking the
circumstances of the case into account, inter alia, the fact that two constitutionality challenges
brought by the petitioner have yet to be decided, the Commission finds that the time period
in which the present petition was lodged was reasonable.
3.
Duplication of proceedings
57.
Under Article 46(1)(c) of the American Convention, in order for a petition to
be admitted, its subject cannot “be pending in another international proceeding for
settlement.” Article 47(d) of the Convention stipulates 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." Neither of the parties to this case has alleged the
presence of either of these two circumstances that would preclude admissibility, nor is there
anything in the case file that would suggest this.
4.
Characterization of the facts alleged
58.
Article 47(b) of the Convention provides that the Commission shall declare
any petition or communication to be inadmissible when it “does not state facts that tend to
establish a violation of the rights guaranteed by this Convention.” The Commission believes
that this phase of the proceedings is not the appropriate one to establish whether a violation
of the American Convention is present. For admissibility purposes, the Commission must
decide whether the petition states facts that tend to establish a violation of the Convention,
as stipulated in Article 47(b) thereof, and whether the petition is “manifestly groundless” or
“obviously out of order”, as provided in paragraph (c) of that article.
59.
The standard for evaluating the factual requirements is different from the
requirement for deciding the merits of a petition. The IACHR must conduct a prima facie
evaluation to determine whether the petition establishes grounds for the apparent or potential
violation of a right guaranteed by the Convention, but not to establish the existence of a
violation. Such an evaluation does not imply prejudgment or advance an opinion on the
merits. By establishing two distinct phases –one on admissibility and the other on the merits, the Commission’s Rules of Procedure reflect this distinction between the evaluation to be
carried out by the Commission for the purpose of declaring a petition admissible and that
required to establish whether a violation has taken place.
60.
The Paraguayan State argued that the petition does not state any fact that
tends to establish a violation of the rights guaranteed by the Convention and denied the
charge that it had failed to respect the petitioner’s right to a fair trial, his right to have his
honor respected and dignity recognized, or his rights to have access, under general conditions
of equality, to the public service of his country, to equal protection and to judicial
protection. The State’s contention is that the procedure, the authorities that set the
impeachment trial in motion, and the grounds invoked to remove the petitioner as a Supreme
Court justice were those prescribed by the Constitution.