28.
Therefore, without prejudging the merits of the matter, the Commission finds that, prima
facie, the State is guilty of unwarranted delay and, therefore, the exception recognized in Article 46 (2) (c) of
the American Convention applies.
C.
Timeliness of the petition
29.
Article 46(1)(b) of the Convention establishes that in order for a petition to be declared
admissible it must be presented within six months counted from the date on which the petitioner was
notified of the final decision that exhausted remedies in the domestic jurisdiction. This rule shall not apply
when the Commission finds that one or more of the exceptions to the rule of prior exhaustion of domestic
remedies set forth in Article 46(2) of the Convention are applicable. In such cases, the Commission must
determine whether the petition was presented within a reasonable time, in accordance with Article 32 of its
Rules of Procedure.
30.
As noted in paragraphs 27 to 28 above, the Commission concluded that in this case there has
been an unwarranted delay, as envisaged at Article 46(2)(c) of the American Convention. The original
petition was launched on October 30, 2000. Bearing in mind the immediacy that should characterize the
State's response to a report of a person's disappearance and the State's alleged failure effectively to provide
such a response, as well as the continuing nature of the alleged violation, the Commission finds that the
petition was lodged within a reasonable time.
D.
Duplication of international proceedings and res judicata
31.
Article 46(1)(c) provides that the admissibility of petitions is subject to the requirement that
the subject “is not pending in another international proceeding for settlement,” while Article 47(d) of the
Convention stipulates that the Commission shall not admit a petition that “is substantially the same as one
previously studied” by the Commission or by another international organization. In the case, the parties have
not shown the existence of either of those two circumstances, nor can they be deduced from the record.
E.
Colorable claim
32.
For purposes of admissibility, the Commission must decide whether the petition states facts
that tend to establish a violation, as stipulated in Article 47(b) of the American Convention, whether the
petition is “manifestly groundless” or whether it is "obviously out of order,” as per Article 47(c). The standard
of appreciation of these measures is different from that required to decide on the merits of a complaint. The
Commission must perform a prima facie evaluation to examine whether the complaint establishes a basis for
an apparent or potential violation of a right guaranteed by the Convention and not to establish the existence
of a violation. Such a review is a summary analysis that does not imply any pre-judging or any early formation
of an opinion on the merits.
33.
Neither the American Convention nor the Rules of Procedure of the IACHR require that the
petition identify the specific rights allegedly violated by the State in a matter submitted to the Commission,
though the petitioners may do so. It is up to the Commission, based on the case-law of the system, to
determine in its admissibility reports which provision of the relevant inter-American instruments is
applicable or could be established as having been violated, if the facts alleged are sufficiently proven.
34.
The IACHR finds that the alleged facts could amount to violations of the rights to juridical
personality, life, humane treatment, personal liberty, personality, a fair trial, and judicial protection,
enshrined in Articles 3, 4, 5, 7, 8, and 25 of the Convention, in connection with Article 1(1) of that instrument.
In addition, bearing in mind its authority to offer a legal opinion on facts submitted to it, the Commission
believes it appropriate in the section on merits to examine how the investigation was handled, taking into
account the right to equal protection of the law and the principle of nondiscrimination established in Articles
24 and 1 (1) of the American Convention. Finally, the Commission also considers it appropriate to evaluate in
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