effective. On the basis of: its examination of the positions of the parties; the status of the investigation that remains open; the passage of over eight years since the killing of the DeputyCaptain; and the absence of specific information from the State as to which or whether any concrete measures remain to be completed, the Commission concludes that the requirement of exhaustion of this process is excused pursuant to Article 46(2). 40. The invocation of exceptions to the requirements of Article 46 is closely linked to the examination of the substance of possible violations of rights enshrined therein, particularly the guarantees relative to access to justice. Nonetheless, given its nature and purpose, the review under Article 46(2) is autonomous vis á vis the substantive norms of the Convention. The determination as to whether the exceptions to the requirement of exhaustion of domestic remedies apply in a given case requires an analysis of the claims raised in advance of and apart from the determination of the merits of the case, and according to a standard distinct from the one used to determination whether the State bears responsibility for the violation of the rights to judicial protection or guarantees set forth in the Convention. The causes that have impeded the exhaustion of domestic remedies, and the consequences thereof, shall be analyzed to the extent appropriate when the Commission examines the merits of this case. b. Time period for submission of the petition 41. In accordance with Article 46(1)(b) of the Convention, a petition must be presented in a timely manner to be admitted, namely, within six months from the date on which the complaining party was notified of the final judgment at the domestic level. The rule does not apply when it has been impossible to exhaust internal remedies due to a lack of due process, denial of access to remedies, or unwarranted delay in issuing a final decision. In such a case, Article 32 of the Commission’s Regulations establishes that the deadline for presentation shall be “within a reasonable period of time, in the Commission’s judgment, as from the date on which the alleged violation of rights has occurred, considering the circumstances of each specific case.” Nor does this rule apply where the allegations concern a continuing situation--where the rights of the victim are allegedly affected on an ongoing basis. 42. The present petition was filed on May 12, 1999, within six months from the November 12, 1998 decision of the Supreme Court of Justice of the Nation denying the extraordinary appeal filed by the Gutiérrez family against the decision absolving Santillán. Moreover, the petition also addresses an investigation into the killing that remains pending. The Commission thus concludes that the requirement of timely filing set forth in Article 46(1)(b) has been met. c. Duplication of proceedings and res judicata 43. Article 46(1)(c) sets forth that admission of a petition is subject to the requirement that the subject “is not pending in another international proceeding for settlement,” and Article 47(d) of the Convention stipulates that the Commission shall not admit a petition which “is substantially the same as one previously studied by” it “or by another international organization.” In the present case, the parties have not claimed and the proceedings do not indicate the existence of either of these circumstances of inadmissibility. d. Characterization of the facts alleged 44. Article 47(b) of the American Convention sets forth that allegations that do not state facts tending to establish a violation shall not be admitted. In the present case, the State has argued in general terms that the petition should be found inadmissible for failing to state cognizable claims. More specifically, the State argues that the petitioners are seeking that the Commission act as a “fourth instance,” outside the scope of its mandate, and that the petitioners have failed to demonstrate the participation of any state agent in the killing of the victim. 8