2.
Timeliness 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 final decision under domestic
law was issued on March 25, 2003. The petitioner submitted his
complaint to the Commission on September 3, 2003. The State has not
invoked failure to comply with the six months rule, for which reason it is
deemed tacitly to have waived this defense The Commission concludes
that the petition was presented within the time limit established in
Article 46(1) (b) of the Convention.
3.
Duplication of proceedings and res judicata
26. The Commission understands that the substance of the petition is
not pending settlement in any other international proceeding, 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 denial of justice through failure to make civil reparations to
the relatives of a victim of grave human rights violations, and that these
are compounded by criminal impunity through application of an amnesty
law that perpetuates the State's breach of its obligations to respect and
guarantee rights and to adopt adequate domestic measures.
Consequently, the Commission concludes that the petitioner's complaint
describes facts that, if proven, could constitute violations of the rights
protected by Articles 8 and 25 of the American Convention, in relation
with the obligations of Articles (1) and 2, and that the requirements of
Article 47(b) are thereby fulfilled.
V.
CONCLUSION
28. By virtue of the arguments of fact and of law set forth above, the
Commission concludes that the case at hand fulfills the requirements of
admissibility established in Article 46 of the American Convention and,
without prejudging the merits of the case,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
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