56. However, since one of the exceptions to the requirement of
prior exhaustion of domestic remedies has been applied, the
Commission must consider the date upon which the alleged violation of
human rights occurred and the circumstances of each case in order to
decide if the petition was filed in a reasonably timely manner.
57. In the instant case, the exception to the requirement of prior
exhaustion of domestic remedies provided for by article 46(2) (c) of the
Convention is applicable, and the occurrence of the facts object of this
petition began on January 17, 2001. The petition was filed with the
Commission on May 15, 2002. Bearing in mind the circumstances of the
case, including the existence of judicial proceedings that remain in their
preliminary stage, it is the opinion of the Commission that the time
period within which the petition was lodged was reasonable.
3. Duplication of procedures
58. Article 46(1) (c) of the American Convention provides that
the admissibility of a petition is subject to the requirement that the
matter “is not pending in another international proceeding for
settlement,” and article 47(d) of the Convention provides that the
Commission cannot admit a petition that “is substantially the same as
one previously studied by the Commission or by another international
organization.” In the instant case the parties have not raised the
existence of any of these circumstances leading to inadmissibility, nor
do they arise from the proceedings so far.
4. Characterization of the facts alleged
59. Article 47(b) of the Convention provides that the
Commission shall declare any petition or communication filed
inadmissible that “does not state facts that tend to establish a violation
of the rights guaranteed by this Convention.”
60. The Commission believes that it is not appropriate at this
stage of the proceedings to establish whether a violation of the
American Convention exists or does not exist. For the purposes of
admissibility, the IACHR must decide whether there is a statement of
facts that tend to establish a violation, as provided for by article 47(b) of
the American Convention, and if the petition is “manifestly groundless”
or if it is “obviously out of order,” pursuant to the article’s subparagraph
(c).
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