for launching and pursuing an investigation into events of this nature corresponds exclusively
to the State, whose investigatory agencies should operate in a professional and diligent
manner.
46.Taking the aforementioned into account, the Commission considers that there has been an
unwarranted delay in the criminal investigation and therefore that the petitioners are
exonerated from the requirement to exhaust remedies available under domestic law by virtue
of Article 46(2) of the American Convention.
47.The Commission reaffirms that invoking exceptions to the rule of prior exhaustion of
remedies available under domestic law set out in Article 46(2) of the Convention is closely
linked with the determination of possible violations of rights protected there, such as judicial
guarantees. However, Article 46(2) of the American Convention, in its nature and object, is
autonomous in content, vis á vis the Convention’s substantive norms. Therefore, a decision on
whether the exceptions to the rule of exhaustion of remedies available under domestic law
enshrined in Article 46(2) can be applied to the case in question must be established prior to,
and separate from, an examination of the merits of the case because it relies on a different
standard of judgment than the one that determines a violation of Articles 8 and 25 of the
Convention. It should be pointed out that the causes and effects that have prevented the
exhaustion of remedies available under domestic law in the present case will be examined, as
far as they are relevant, in the Report adopted by the Commission on the merits of the case, in
order to establish it deals with real violations of the American Convention. Based on the
foregoing, the Commission considers that there exist sufficient grounds to exonerate the
petitioner from the obligation of prior exhaustion of domestic remedies as described in Article
46(2) of the American Convention.
3.
Deadline for presentation of petitions
48.Article 46(1)(b) of the Convention sets out that for a petition to be declared admissible, it
must be presented 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 is not applied when the
Commission finds that another of the exceptions to the exhaustion of remedies available under
domestic law set out in Article 46(2) of the Convention is applicable. In these cases, the
Commission must decide whether the petition was lodged within a reasonable time in
accordance with Article 32 of its Rules of Procedure.
49.The Commission observes that following the date of the death of Eduardo José Landaeta
Mejías on December 29, 1996, an investigation was launched in the domestic jurisdiction, and
that this investigation, along with any resulting trial, was essential for the expectations of
family members that justice would be done and redress made for what had happened. The
Commission also concluded supra paragraph 47 that there has been an unwarranted delay in
the investigation of this case, in which the members of the family of Eduardo José Landaeta
have participated fully and constantly. Therefore, the situation of impunity surrounding the
events and the lack of an effective judicial response by the State (if lack of diligence on its part
is proven) would persist to this day, to the detriment of Ignacio Landaeta Muñoz and María
Mejías. The Commission considers that the above elements are sufficient to conclude that the
petition was lodged within a reasonable period.
4.
Duplication of procedures and res judicata
50.Article 46(1)(b) of the Convention states that the admissibility of a petition shall be subject
to the requirement that the subject “is not pending in another international proceeding for
settlement,” and Article 47(d) of the Convention establishes that the Commission shall
consider inadmissible any petition “that is substantially the same as one previously studied by
the Commission or by another international organization.” In this case, the parties have not
alleged either of these two circumstances that would give rise to inadmissibility; nor do they
occur in the proceedings.
5.
Description of the alleged facts
7