and that the alleged violations of the obligation to administer justice are
of continuing nature.
46.
According to the Commission has set out above, this claim
is subject to the exhaustion of domestic remedies exception provided for
in Article 46.2.b of the American Convention. In order to establish
whether the petition has been filed within a reasonable time, pursuant
to Article 32 of the Rules of the Commission, the Commission must
consider the date on which the alleged violation of the rights occurred
and the circumstances of each case.
47.
In this case, the facts surrounding the death of Wilfredo
Quiñonez would have occurred between September 3 and 4, 1995 and it
is claimed that these are still unclear. Wilfredo Quiñonez Barcenas’
family members filed several remedies after the events in order to
obtain clarification of the facts before the courts, and the petitioners
claim that it has not been possible to establish liability for the case. The
petition was received on February 23, 2006. Given the characteristics of
this case, the Commission considers that the petition was filed within a
reasonable time and that the admissibility requirement of concerning the
time of filing has been met.
3.
Res Judicata
48.
The file does not reflect that the subject of the petition is
pending in another international proceeding or settlement, or that it is a
reproduction of a petition already examined by this or any other
international body. Therefore, it meets the requirements set down in
Articles 46.1.b and 47.a of the Convention.
4.
Characterization of alleged facts
49.
To this end, in light of the factual and legal elements
introduced by the parties and the nature of the case before it, the
Commission finds that in this case, establishing that the petitioner's
allegations concerning the alleged violation of the right to life, personal
integrity, personal liberty, judicial protection and due process, could
characterize violations of the rights protected under Articles 4.1, 5.1,
5.2, 7.2, 8.1 and 25 in accordance with Article 1.1 of the American
Convention.
Judges of Bucaramanga’s Circuit. They also filed a tutela for their human Rights to due
process and access to justice, given a factual and substantial error. This tutela was
denied on October 12, 2005 by the Superior Tribunal of Santander.