61. In a criminal investigation of this nature, from the moment the authorities enter the crime
scene, its preservation, the way the forensic personnel handle the bodies, autopsy procedures–
which must meet international standards-and the chain of custody of the evidence gathered,
are functions that, in combination with other investigative procedures, are essential to
establish what happened and to identify the authors, in order to bring them to trial. In the
instant case, the absence of all this activity at the time and, worse still, the measures these
State agents allegedly took to hide the facts, combined with the amount of time that passed
before these facts were uncovered, does not augur well for the effectiveness of the domestic
remedy to meet the requirement established in Article 46(2) of the American Convention. 8 The
Inter-American Court of Human Rights has held that while every criminal investigation must
meet a number of legal requirements, the rule of prior exhaustion of the remedies under
domestic law must never lead to a halt or delay that would render international action in
support of victims useless.9
62. The Commission therefore considers that the exceptions provided for in Article 46(2)(a)
and (c) of the American Convention do apply, and that the rule requiring exhaustion of the
remedies under domestic law does not apply to the present case in regard to the investigation
and prosecution of the members of the “Chavín de Huántar” Commando Group who took part
in the events denounced, or in regard to the State agents who had a hand in the cover-up
once the alleged extrajudicial executions occurred.
2.
Time period for lodging the petition
63. The Commission also considers that the requirement set forth in Article 46(1)(b) of the
Convention to the effect that a petition 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 that
exhausted domestic remedies, does not apply inasmuch as the petition was lodged within the
reasonable time period referred to in Article 32(2) of its Rules of Procedure for cases in which
no final ruling has been delivered prior to presentation of the petition.
3.
Duplication of international proceedings and international res judicata
64. It is the Commission’s understanding that the subject matter of the petitions is not
pending with another international arrangement for settlement and is not substantially the
same as one previously examined by the Commission or by another international organization.
Therefore, the requirements established in Articles 46(1)(c) and 47(d) of the Convention have
been met.
a.
Characterization of the facts alleged
65. The petitioners are alleging violations of the right to life, the right to judicial guarantees
and the right to judicial protection recognized in Articles 4, 8 and 25, respectively, of the
American Convention, in connection to Article 1(1) of the Convention.
66. The Commission considers that the debate over the existence of violations of Articles 4, 8
and 25 of the American Convention in connection to Article 1(1) must be examined when the
merits of the case are analyzed. For admissibility purposes, the Commission concludes that the
petition does state facts that tend to establish violations of human rights and that the petition
is not obviously groundless or patently out of order.
8 IACHR, Admissibility Report Nº 57/00, La Granja, Ituango, Colombia, (2000), para. 44.
9 Inter-American Court of Human Rights, Velásquez Rodríguez Case, Preliminary Objections, Judgment of June 26,
1987, para. 93.
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