Article 46(2) of the Convention, by its nature and purpose, has a content that is independent of and separate from the substantive norms of the Convention. Therefore, the determination as to whether the exceptions to the domestic remedies rule apply to the case in question must be made prior to and separate from the examination of the merits, since it hinges on a standard of assessment different from the one used to establish the violation of Articles 8 and 25 of the Convention. The Commission will examine the factors that prevented the internal remedies from being exhausted when the time comes to issue its report on the merits, so as to determine whether rights recognized in the American Convention have been violated. 2. Timeliness of the petition 45. The American Convention provides that in order for the Commission to be able to admit a petition, the latter must be lodged within six months of the date on which the alleged aggrieved party was notified of the final decision in his case. The IACHR has established that the Article 46(2)(c) exception to the rule requiring exhaustion of domestic remedies applies in the instant case. Article 32 of the Commission’s Rules of Procedure provides that in those cases in which the exceptions to the requirement of prior exhaustion of domestic remedies are applicable, the petition is to be presented within a reasonable period of time, as determined by the Commission. For this purpose, the Commission will consider the date on which the alleged violation of rights occurred and the circumstances of each case. 46. In the instant case, the petition was received on October 2, 2006, the facts that are the subject of the complaint occurred starting in 2002 and the effects in terms of the alleged failure of the administration of justice to produce any results are ongoing at the present time. Therefore, given the context and characteristics of the present case, the Commission finds that the petition was filed within a reasonable period of time and that the admissibility requirement regarding the time period for lodging the complaint is deemed to have been satisfied. 3. Duplication of procedure 17

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