66.
Based on the preceding, the Commission considers that the
petitioners are exempt from exhausting the domestic remedies because
the enforcement of judgment process constituted an unjustified delay
under the provisions of Article 46.2 (c) of the American Convention.
C.
Deadline for submitting the petition
67.
Article 46.1(b) of the Convention provides that for a
petition to be admissible, it must be lodged within a period of six
months from the date on which the interested party was notified of the
final judgment in the domestic jurisdiction. This rule does not apply
when the Commission finds that any of the exceptions to the exhaustion
of domestic remedies established in Article 46.2 of the Convention is
applicable. In such cases, the Commission must decide if the petition
was filed within a reasonable period of time in accordance with Article
32 of the Commission’s Rules of Procedure.
68.
The Peruvian State alleged that this petition was not filed
within the prescribed period of time, using October 25, 1993, as the
date to determine the deadline. As the parties have asserted and the
information contained in the case file confirms, this is the date in which
the Supreme Court of Justice issued its decision on the amparo petition
siding with the alleged victims. This is precisely the decision the
petitioners allege has not been enforced. Therefore, the rights violations
alleged by the petitioners would have taken place after the judgment
was issued, given that the purpose of the petition was not the amparo
proceeding – which was favorable to them – but the lack of enforcement
of the final judgment. In that respect, the Commission considers that
there are no grounds for this argument.
69.
Taking into consideration the active role assumed by the
alleged victims in the enforcement of judgment process as well as the
fact that, because of its continued nature, the violation still remains
unresolved, the Commission considers that the three petitions grouped
together were submitted within a reasonable period of time.
D.
Duplication of proceedings and international res judicata
70.
Article 46.1(c) of the Convention establishes that the
admissibility of petitions is subject to the requirement that the matter
"is not pending in another international proceeding for settlement” and
Article 47.d of the Convention establishes that the Commission will not
accept a petition that is substantially the same as one previously studied
by the Commission or by another international organization. In this
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