16
3.
the rights invoked before the Committee (related to freedom of
association, particularly through violation of ILO Conventions 87 and
98) do not coincide with those that are invoked before the Court
(related to judicial guarantees, due process, presumption of innocence,
freedom from ex post facto laws, right to compensation, right of
assembly, freedom of association, right to judicial protection, the
obligation to comply with the recommendations of the Commission in
good faith, and the general provisions of Articles 1.1 and 2 of the
Convention), and were not the subject of the petition before the
Commission or the application before the Court.
d)
that the United Nations Human Rights Committee has indicated that, if
a victim is not individualized, particularly in the original petition, it should not
be considered that there is duplication if his or her name appears directly and
specifically in a second petition;
e)
that the State tacitly renounced filing the objection of duplication
because it did not allege it before the Commission and, thus, precluded its
right. According to the Commission, the State’s position that the Commission
should have rejected the petition as it allegedly knew that grounds for
duplication existed, although Panama did not raise an objection before the
Commission, is totally unacceptable, because it is contrary to the procedural
principles emanating from the Convention and the jurisprudence of the Court;
f)
that the inadmissibility of the case was neither manifest nor evident
and that the State had both the right and the procedural responsibility to file
the objection of duplication of proceedings and prove its merits;
g)
that Panama’s failure to make this allegation promptly, prevented the
Commission and the victims from exercising their right to defend themselves
from it;
h)
that, in view of the principles of good faith and procedural equality, the
State may not introduce a question of admissibility that was not alleged
before the Commission belatedly and after the statutory time limit has
passed; and
i)
that the State had ample opportunity to respond and file the objection
of duplication, but did not invoke it in any of its appearances, so that, in view
of the principles of good faith and procedural equality, its tacit waiver is
presumed and filing the objection before the Court at this stage of the
proceedings is time-barred.
***
51.
The Court proceeds to consider the second preliminary objection.
52.
Article 47 of the American Convention states that:
The Commission shall consider inadmissible any petition or communication submitted
under Articles 44 or 45 if:
…