Convention. Based on the foregoing, the Commission considers that there exist sufficient
grounds to exonerate the petitioner from the obligation of prior exhaustion of domestic
remedies as described in Article 46(2) of the American Convention.
D.
Deadline for presentation of petitions
43. In accordance with Article 46(1)(b) of the Convention, for a petition to be admissible it
must be lodged within six months from the date on which the party alleging violation of his
rights was notified of the final judgment in the domestic jurisdiction. The six months rule
ensures legal certainty and stability once a judgment has been reached.
44. Article 32 of the Rules of Procedure of the IACHR states that in those cases in which the
exception to the requirement of prior exhaustion of domestic remedies is applicable, the
petition must be lodged within a reasonable period, as determined by the Commission. In
accordance with this article, the Commission “shall consider the date on which the alleged
violation of rights occurred and the circumstances of each case.”
45. In the petition under consideration, the IACHR has concluded that the State of Venezuela
tacitly renounced its right to raise an objection of the non-exhaustion of remedies available
under domestic law. Furthermore, the IACHR has concluded that in this case, Article 46.2.c
concerning the existence of an unwarranted delay is applicable given that more than three
years have elapsed since the events took place, and the investigation is still at the preliminary
stage. The Commission therefore must determine whether or not the petition was lodged
within a reasonable period based on the specific circumstances described for its consideration.
46. In this regard, the IACHR observes that the original petition was received on March 20,
2006. The incidents that are the subject of the petition began in August 2003. The IACHR
considers that the petition was lodged within a reasonable period.
E.
Duplication of procedures and res judicata
47. The allegations of the petitioners do not suggest that the petition is pending in another
international proceeding for settlement, or that it is substantially the same as one previously
studied by the Commission or by another international organization. Therefore, the
Commission considers that the requirements for admissibility enshrined in Articles 46(1)(c)
and 47(d) of the Convention have been met in this case.
F.
Description of the alleged facts
48. In order to determine admissibility, the IACHR must establish if the facts described in the
petition tend to establish a violation of the rights guaranteed in the American Convention, in
accordance with the requirements of Article 47(b), or if the petition, in accordance with Article
47.c should be considered inadmissible because it is “manifestly groundless” or “obviously out
of order.”
49. The petitioners have made allegations that if substantiated could tend to establish
violations of Article 4 (Right to Life), Article 5 (Right to Humane Treatment), Article 8 (Right to
a Fair Trial), Article 13 (Freedom of Thought and Expression), and Article 25 (Right to Judicial
Protection), all in relation to the general obligation enshrined in Article 1(1) of the Convention,
and are not “manifestly groundless” or “obviously out of order.” Furthermore, in accordance
with the general principle of iura novit curia, this gives the power to apply all pertinent legal
provisions, even when these have not been invoked by the parties, the IACHR considers that
the facts alleged by the petitioners could constitute violations 13 of Article 19 (Rights of the
Child) of the American Convention to the detriment of Luís Cesar Castillo Moreno and article 16
13 IACHR, Report No. 38/96, Case 10.506, Argentina, October 15, 1996.
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