62.
In this regard, the Commission notes that the alleged victims
pursued all remedies available to them—given that during the first stages of the
process they were held incommunicado and unable to file legal actions—including
those of appeal and cassation, presenting allegations of procedural irregularities and
the fact that the charges were based on illegally obtained evidence. All these
remedies were rejected, which meant that after the petition was presented, the
conviction would remain final. In these circumstances, the Commission considers that
the alleged victims were not required to have filed an appeal of the final criminal
judgment, which is of an extraordinary nature and which in any case would have
been based on the same claims that had already been presented unsuccessfully
through ordinary appeals.
C.
Deadline for Filing the Petition
63.
Article 46.1 b) of the Convention establishes that for the petition to
be declared admissible, it must have been filed within six calendar months dating
from the time the interested party was notified of the final decision exhausting
domestic jurisdiction. This rule does not apply when the Commission finds one of the
exceptions to the exhaustion of domestic remedies protected in Article 46.2 of the
Convention. In such cases, the Commission must determine whether the petition was
filed within a reasonable time frame, in accordance with Article 32 of its Rules of
Procedure.
64.
Taking into account that the petition was filed on January 8, 2003,
and that the events it alleges occurred beginning on December 18, 2001—a lapse of
time in which these events were reported on various occasions, with the expectation
that the State would undertake an investigation—the Commission considers that the
case was presented within a reasonable time frame.
D.
Duplication of Procedures and Res Iudicata
65.
Article 46.1 c) of the Convention states that the admission of
petitions is subject to the matter “not pending in another international proceeding for
settlement,” and Article 47 of the Convention prescribes that the Commission will not
admit a petition or communication that is substantially the same as one previously
studied by the Commission or by another international organization. In this case, the
parties have not argued that either of these two circumstances of inadmissibility
exists, nor can this be deduced from the file.
E.
Characterization of the Alleged Events
66.
For admissibility purposes, the Commission must decide whether
the petition lays out facts that could constitute a violation, as prescribed in Article
47.b of the American Convention, or if it is “manifestly groundless or obviously out
of order,” according to paragraph c) of the same article. The standard for assessing
these extremes differs from that used to decide the merits of a case. The Commission
must conduct a prima facie evaluation to examine whether the petition lays the
foundation of an apparent or potential violation of a right guaranteed by the
Convention, not to establish that a violation exists. This examination is a summary
analysis that does not imply prejudice or an advance opinion on the merits.
67.
The Commission notes in the first place that the petitioner alleged
the purported violation of Articles 4, 5, 6, and 10 of the Inter-American Convention
March 11, 2004, Costa Rica, para. 45; IACHR, Report No. 52/00. Cases 11.830 and 12.038
(Dismissed Workers of Congress), June 15, 2000, Peru, para. 21.
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