10
October 23, 2003, both of which were dismissed. The State has not submitted any information indicating
that one of the above-mentioned appeals is being actively processed or is pending an internal ruling.
51.
Regarding the Extraordinary Recourse for Constitutional Review mentioned by the State,
the Commission observes, first of all, that this remedy is extraordinary, while in principle, the petitioners
11
must file and exhaust ordinary remedies. Second, the Commission has established that, when the
petitioners allege irregularities throughout the various stages of a criminal proceeding, in principle they do
not have to exhaust an extraordinary remedy because it is not the purpose of said recourse to correct
12
alleged irregularities occurring in the framework of a proceeding of this nature. In the present case, the
petitioners allege that the investigation and criminal proceedings were affected by many irregularities,
delays and omissions, and the above-mentioned extraordinary recourse is not aimed at remedying the
alleged violations claimed by the petitioners.
52.
On the basis of the factors indicated above, the Commission concludes that the
petitioners exhausted the ordinary remedies of the criminal justice system. Therefore, their claims meet
the requirement of prior exhaustion of domestic remedies provided for in Article 46(1)(a) of the American
Convention.
C.
Timeliness of the petition
53.
Article 46(1)(b) of the American Convention states that a petition must be lodged within
six months as of the date when the petitioners are notified of the final judgment exhausting domestic
remedies. The petition being examined herein was lodged on November 11, 2007, that is, within six
months subsequent to the May 11, 2007 ruling of the Supreme Court of Justice dismissing the appeal of
last resort filed by the victim’s attorney. Therefore this requirement has been met.
D.
Duplication and res judicata
54.
The case file shows no evidence that the matter of the petition is pending before any
other international proceeding for settlement; nor is the petition substantially the same as any petition
examined by it or any other international body. Therefore, the requirements set forth in Articles 46(1)(c)
and 47(d) of the American Convention have been met.
E.
Colorable claim
55.
At this stage of admissibility, the Commission considers that it is not relevant to
determine whether or not the alleged violations took place. For admissibility purposes, all the IACHR
need to establish is whether the facts described tend to establish a possible violation of the American
Convention, as stipulated in Article 47(b) of the American Convention. The standard for evaluating these
admissibility requirements is different from the standard required for deciding the merits of a complaint.
The Inter-American Commission must conduct a prima facie evaluation to determine whether or not the
complaint establishes grounds for the apparent or potential violation of a right guaranteed by the
13
American Convention.
The present review involves a summary analysis that does not imply a
prejudgment of the merits, neither does it suggest any opinion on the merits of the dispute. By
establishing two separate stages—one for admissibility and the other for the merits—the IACHR’s own
Rules of Procedure make the distinction between the examination the Commission must make to
determine whether or not a complaint is admissible and the examination required to determine whether or
14
not a violation has in fact occurred.
11
IACHR, Report No. 22/09, Petition 908-04 (Admissibility), Igmar Alexander Landaeta Mejías, Venezuela, March 20,
2009, paragraph 47; IACHR, Report No. 40/08 (Admissibility), I.V., Bolivia, July 23, 2008, paragraph 73.
12
IACHR, Report No. 22/09, Petition 908-04 (Admissibility), Igmar Alexander Landaeta Mejías, Venezuela, March 20,
2009, paragraph 47.
13
See IACHR, Report No. 128/01, Case 12.367, Herrera and Vargas (“La Nación”), Costa Rica, December 3, 2001,
paragraph 50.
14
See IACHR, Report No. 31/03, Case 12.195, Mario Alberto Jara Oñate and others, Chile, March 7, 2003.