argues that the Supreme Court, through the judgment handed down on
May 7, 2003, dismissing the writ of cassation brought against the ruling
of the Court of Appeals of La Serena, signaled the exhaustion of the
remedies available under Chilean domestic law. For its part, the State
has
not
denied
or
disputed
the
argument
of
the
petitioner.
Consequently, the Commission considers that the
requirement of Article 46(1) of the American Convention is complied
with .
2.
Timely presentation of the petition
25. Article 46(1)(b) of the Convention provides that a petition must be
lodged within a period of six months from the date on which the
petitioners are notified of the final judgment exhausting domestic
remedies. The petitioner argues that the denial of justice culminated in
the judgment of the Supreme Court of May 7, 2003. The petitioner
submitted his complaint to the Commission on October 24, 2003. The
State has not invoked failure to comply with the six months rule, for
which reason it is deemed to have tacitly waived this defense. The
Commission concludes that the petition was presented within the time
period established in Article 46(1)(b) of the Convention.
3.
Duplication of proceedings and international res judicata
26. The Commission understands that the substance of the petition is
not pending in any other international proceeding for settlement, nor is
it substantially the same as any petition previously studied by the
Commission or other international body. Hence, the requirements set
forth in Articles 46(1)(c) and Article 47(d) of the Convention have also
been met.
4.
Characterization of the facts alleged
27. The Commission notes that the petition raises important questions
about the scope of civil reparations for the relatives of a victim of grave
human rights violations. Consequently, the Commission concludes that
in its description of the alleged facts the petitioners’ complaint is neither
manifestly groundless nor obviously out of order, and that the
requirements of Article 47(b) are thereby complied with.
V.
CONCLUSION
28. By virtue of the arguments of fact and of law set forth above, the
Commission concludes that the case at hand complies with the
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