an appropriate remedy for the State to hear the petitioners’ claims regarding the
alleged infringement of the right to defense and administrative due process, and to
adopt measures that reversed the infringed legal situation; the circumstances during
the time when the events took place; 24 and the general uncertainty about the remedies
as indicated by the Inter-American Court, the Commission believes, without prejudice
to the merits of the case, that the requirement set forth in Article 46.1 of the
Convention has been met.
C.
Submission Deadline
62.
Pursuant to the provisions of Article 46.1 of the Convention, in order
for a petition to be admitted, it must be submitted within the stipulated deadline, i.e.
six months from the date when the alleged injured party whose rights have been
violated has been notified of the final decision issued at the national level. The rule of
six months guarantees legal certainty and stability once a decision has been adopted.
63.
In this case, the Commission observes that the petition was
submitted to the Commission on February 19, 1996, i.e. simultaneously with the
occurrence of the dismissals; and therefore before decision on the motions filed by the
petitioners and which shall be considered supra. In this regard, the Commission
concludes that the present petition meets the requirement set forth in Article 46.1.b of
the Convention.
D.
Duplication of Procedures
64.
The file does not show that the subject of the petition is pending in
any other international proceeding or that it has been previously decided by the InterAmerican Commission. Therefore, the requirements set forth in Articles 46.1.c and
47.d are deemed met.
E.
Characterization of the Alleged Facts
65.
As the Commission has indicated in other cases, at this stage in the
proceeding, it is not appropriate to verify whether or not the American Convention has
been violated. For the purposes of admissibility, the IACHR must simply decide if the
allegations describe facts that could be characterized as a violation of the American
Convention, as stipulated in article 47.b, and if the petition is “manifestly groundless”
or “obviously out of order,” as per line (c) of that same article. The standard for
making these determinations is different than the one required to decide on the merits
of the complaint. During this phase, the IACHR must make a prima facie evaluation
that does not imply a prior proceeding or advancing an opinion on the merits. Its own
Regulations reflect this distinction between the evaluation that must be made in order
to declare the petition admissible and the one required to determine if the State’s
responsibility can be verified, by establishing clearly differentiated stages for the study
of admissibility and of merits.
66.
The petitioners state that the petition presents facts that prima facie
characterize violations of their rights. They state that the legislation on which the
24 The Inter-American Court has determined in its jurisprudence that on the date of the events (March
1997 to November 2000) the Constitutional Court “was dismantled and disqualified from exercising its
jurisdiction appropriately, particularly with regard to controlling constitutionality […] and the consequent
examination of whether the State’s conduct was in harmony with the Constitution.” Inter-American Court of
Human Rights, Case of the Constitutional Court. Judgment of January 31, 2001, Series C No. 71, para. 112.
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