24.
It is important to note that an allegation on the part of the State
that domestic legal remedies have not been exhausted does not suffice
for this objection to be admitted. As the Inter-American Court has
established, a State that makes such a plea must also identify the
domestic remedies to be exhausted and demonstrate their effectiveness
under such circumstances. Honduras has not done so in this case.
25.
Finally, the Commission considers that it is important to clarify
that the exceptions to the rule of exhaustion of domestic remedies are
closely connected to the determination of possible violations of certain
rights contained in the Convention, such as the right to a fair trial
(Article 8) and the right to judicial protection (Article 25). It should be
borne in mind, however, that Article 46(2), by its nature and purpose,
has a content that is independent of the substantive norms of the
Convention and depends on a standard of evaluation different from the
one used to determine the violation of Articles 8 and 25. Because of
this, the applicability of the exceptions to the rule of exhaustion of
domestic remedies provided for in paragraphs (a), (b), and (c) of Article
46(2) must be decided, specifically and at the outset, just as the
Commission is doing now in this report.
26.
Therefore, the reasons for which domestic remedies were not
exhausted and the legal effect of their lack of exhaustion will be
analyzed when the Commission examines the merits of the issue, with
the purpose of determining whether violations of Articles 8 and 25 have
taken place.9
27.
Based on the arguments set forth above, the Commission
concludes that the petition sub judice is admissible based on the
exceptions established in Article 42(2)(a) and (c) of the American
Convention.
2.
Timeliness of the petition
28.
According to Article 46(1)(b) of the American Convention, for a
petition to be admissible it must be “lodged within a period of six
months from the date on which the party alleging violation of his rights
was notified of the final judgment.”
9 See IACHR, Report N° 54/01, Case 12.250, Mapiripán Massacre, Colombia,
paragraph 38 and IACHR Juan Humberto Sánchez-Honduras, Report N° 65/01Case 11.073, March 6, 2001, paragraph 51. IACHR, Report N° 15/02,
Admissibility, Petition 11.802, Ramón Hernández Berrios et al., Honduras,
February 27, 2002.
9
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