41.
It only remains to indicate that invoking exceptions to the rule of exhaustion
of domestic remedies, provided for at Article 46(2) of the Convention, is closely associated
with the determination of possible violations of certain rights set forth therein, such as the
guarantees of access to justice. Nonetheless, Article 46(2), given its nature and purpose, is a
norm with autonomous content vis-à-vis the substantive provisions of the Convention.
Therefore, the determination as to whether the exceptions to the rule of prior exhaustion of
domestic remedies provided for therein apply to the case in question should be made prior to
and separate from the analysis of the merits, as it depends on a different standard of
appreciation from that used to determine whether there have been violations of Articles 8 and
25 of the Convention. It should be clarified that the causes and effects that have impeded the
exhaustion of domestic remedies in the instant case will be analyzed, as pertinent, in the
Report the Commission adopts on the merits, so as to determine whether in effect there are
violations of the American Convention.
2.
Deadline for lodging a petition
42.
The American Convention provides that for a petition to be admissible by
the Commission, it must be submitted within six months from the date on which the person
whose rights have allegedly been violated has been notified of the final decision. In the claim
under analysis, the IACHR has determined that the exceptions to the exhaustion of domestic
remedies apply as per Article 46(2)(c) and (b) of the American Convention. In that respect,
Article 32 of the Commission’s Rules of Procedure establishes that in those cases in which the
exceptions to the prior exhaustion rule apply, the petition must be lodged within a time which,
in the Commission’s view, is reasonable. To that end, the Commission should consider the
date on which the violation of rights is alleged to have taken place and the circumstances of
each case.
43.
Considering the specific circumstances of the facts alleged in the petition,
the lack of effectiveness of domestic remedies, the extreme poverty and disabilities of the
alleged victims, the shortcomings of the administrative and judicial system in the State of
Honduras, the actions of the alleged victims and their next-of-kin to seek justice, the situation
and context in which the violations have allegedly occurred, and the fact that several judicial
investigations and proceedings are still pending, the Commission considers that the petition
was lodged within a reasonable time, and that the admissibility requirement on deadline for
lodging a petition should be considered satisfied.
3.
Duplication of procedures and international res judicata
44.
It does not appear from the record that the subject matter of the petition is
pending before any other international procedure, or that it reproduces a petition already
examined by this or any other international organization. Accordingly, the requirements
established in articles 46(1)(c) and 47(d) of the Convention should deemed to have been
satisfied.
4.
Characterization of the facts alleged
45.
As the Commission has already stated in other cases, this stage of the
procedure is not for determining whether there has been a violation of the American
Convention. For the purposes of admissibility, the IACHR must simply decide whether the
arguments state facts that could tend to establish a violation of the American Convention, in
keeping with Article 47(b), and whether the petition is “manifestly groundless” or “obviously
out of order,” under Article 47(c). The standard of appreciation of these rules is different from
that required to decide on the merits of the claim. In the present stage, the IACHR must make