33.Therefore, subsidarily and regarding this criminal investigation, the Inter-American Commission decides to apply the exception envisaged in the second part of Article 46.2 of the American Convention. As a result, the requirements envisaged in said international instrument on the exhaustion of domestic remedies or the time-limits of six months for the submittal of the petition are not applicable. 34.At the same time, the IACHR does not consider that a complaint lodged with the International Committee of the Red Cross is one of the remedies that must be exhausted according to the Convention. Said Committee is a humanitarian organization and does not constitute a judiciary body. 35.Finally, it should be pointed out that citing the exceptions to the rule on exhaustion of domestic remedies set forth in the American Convention is closely tied to the finding of possible violations of certain rights enshrined in the Convention itself, such as effective judicial protection. Article 46.2 of the American Convention, however, is a standard that is independent of other substantive provisions of the same instrument. To determine whether the exceptions to the exhaustion of domestic remedies also result in violations of the American Convention in the present case, a different review must be conducted in the merits stage of the case. This is because standards for assessing those exceptions are different from those used when assessing possible violations of Articles 8 and 25 of the American Convention. 2. Deadline for filing the petition 36. According to Article 46.1.b of the Convention, the petition should be lodged within certain time-limits to be admitted, namely, within six months following the date on which the complainant has been notified of the final judgment. In the present case, the Commission has determined that the remedy of habeas corpus was duly exhausted. The ruling on this motion was notified on March 11, 2003. The petition was lodged on September 11, 2003, and therefore it was lodged within the time-limits. 37.The Commission has subsidarily reviewed the situation stemming from the criminal investigation currently under way, and has ruled that, regarding this, the exception provided for in the second part of Article 46.2 of the American Convention is applicable. Regarding this, Article 32 of the Rules of Procedure of the IACHR provides that, in cases where the exceptions to the requirement of exhaustion of domestic remedies are applicable, the petition must be lodged within a reasonable time, in the Commission’s opinion, taking into account the date of the alleged violation and the circumstances of each case. 38.Regarding this, taking into account the date of the alleged incidents, the possibility of facing a situation of continued violation of human rights and the absence of elements that would make it possible to determine whether an efficient criminal investigation has taken place, the Commission considers that, regarding the present criminal procedures, the petition being examined was lodged within a reasonable lapse of time. 3. Duplication of proceedings and res judicata 39.The exceptions provided for in Article 46.1.d and in Article 47.d of the American Convention have not been objected by the Salvadoran State nor do they stem from the information contained in the file of the present case. 4. Characterization of the alleged events 40.The petitioners allege that the incidents that were reported point to the violation of various rights enshrined in the American Convention on Human Rights ("the American Convention"): right to personal integrity (Article 5); right to personal liberty (Article 7); right to a fair trial (Article 8); right to protection of the family (Article 17); right to a name (Article 18); rights of the child (Article 19); and right to judicial protection (Article 25), all in violation of the general duty to respect and guarantee rights (Article 1.1). 8

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