à-vis the substantive rules of the Convention. Therefore, any determination regarding
whether exceptions to the rule on exhaustion of domestic remedies established in that
clause are applicable to the instant case, must be conducted prior to and separate
from an analysis of the merits of the case, since it relies on a standard of proof
different from that used to determine whether there has been a violation of Articles 8
and 25 of the Convention. It should be clarified that the causes and effects which have
prevented the exhaustion of domestic remedies in the instant case will be examined,
where relevant, in the report adopted by the Commission during the merits stage, so
as to verify whether they in fact constitute violations of the American Convention.
3. Time period for lodging a petition
59.
According to Article 46(1)(b) of the Convention, in order for a petition to be
admitted, it must be lodged within a period of six months from the date on which the
party alleging violation of his rights was notified of the final judgment under domestic
law. This rule does not apply when the Commission finds one of the exceptions to
exhaustion of domestic remedies established in Article 46(2) of the Convention to
exist. In such cases, the Commission must determine whether the petition was lodged
within a reasonable time according to Article 32 of its Rules of Procedure.
60.
The Commission observes that the events in the instant case began to unfold
on January 6, 2003. There were internal proceedings underway regarding the alleged
extrajudicial executions as well as complaints awaiting a decision regarding subsequent
acts against some family members. The petition was lodged on March 14, 2007 and
the petitioners alleged the existence of unwarranted delay in the domestic
proceedings, meaning that over the years they have been expecting to obtain justice
and reparations for what occurred. The Commission considers that the time which
lapsed between the occurrence of the events and the lodging of the petition constitutes
a reasonable time.
4. Duplication of proceedings and res judicata
61.
Article 46(1)(c) of the Convention establishes that in order to be admissible,
the subject of the petition “must not be pending in another international proceeding for
settlement,” and Article 47(d) stipulates that it must not be “substantially the same as
one previously studied by the Commission or by another international
organization.” In the instant case, the parties do not allege, nor does it appear in the
record, that either of these conditions of inadmissibility is present.14
5. Characterization of the facts alleged
62.
For the 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 Convention, or whether the petition is “manifestly groundless or obviously out of
14 While during the time that this petition was joined with case 12.488 (Eloisa Barrios et al.) the
State alleged inadmissibility on the basis of duplication of proceedings, the Commission
understands that those allegations referred to a request for revision of the Admissibility Report
adopted in said case, and not regarding the admissibility of this petition. The Commission draws
this conclusion since the documentation submitted by the State on those inadmissibility
proceedings referred exclusively to persons linked to case 12,488, and the State had expressly
requested a review of the aforementioned Admissibility Report, without indicating that it also
found petition 1491 to be inadmissible.
12