denied because it was found that the sentences were in accord with current law in
Argentina.
72. As the Commission has stated previously, in order to fulfill the requirement of prior
exhaustion, the petitioners must exhaust all suitable remedies—that is all remedies
available and effective to remediate the reported complaint. In this case, the
petitioners filed motions for cassation against the judicial decisions that condemned
them to life in prison, and when these were denied, they filed special appeals (with the
exception of young Roldán Cajal). The Commission does not necessarily require
exhaustion of such appeals, because they are deemed to be special and discretionary.
In this case, considering that the State was fully aware of the complaints now before
the Commission, both regarding the respective convictions and regarding the
incompatibility of life imprisonment with the Constitution of Argentina and with the
American Convention, the Commission considers the alleged victims to have exhausted
the remedies available under domestic law.
73. Since the central claim submitted by the petitioners revolves around disagreement
with the sentence of life imprisonment, the remedies of cassation, special appeals, and
even Constitutional appeals, are in the instant case, prima facie, the suitable remedies
according to the legislation of Argentina. Therefore, the remedies pursued by the
alleged victims do sufficiently fulfill the requirement on exhaustion of domestic
remedies set forth in Article 46(1) of the American Convention.
74. In addition, the State has not alleged a lack of exhaustion of domestic remedies,
which allows us to assume a tacit relinquishment of the right to raise such an
objection. In this regard, the Inter-American Court has declared that “in order for an
objection based on non-exhaustion of domestic remedies to be timely, it must be
raised in the early stages of the proceedings; failure to do so allows one to assume a
tacit relinquishment by the State in question of such an objection.”13 According to the
background information provided, the Commission concludes that this requirement has
been met.
75. In light of the foregoing analysis, the Commission concludes that César Alberto
Mendoza, Claudio David Núñez, Lucas Matías Mendoza, Saúl Cristián Roldán Cajal, and
Ricardo David Videla Fernández have pursued the regular and special remedies
available within the legal system of the State, and that therefore, the State was fully
aware of the claims that gave rise to this petition.
2.
Deadline for lodging a petition
76. According to Article 46(1) of the Convention, in order for a petition to be admitted,
it 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. This six-month rule
ensures the juridical certainty and stability of a decision once it is adopted.
13 See I/A Court H.R., Velásquez Rodríguez Case. Preliminary Objections. Judgment of June 26, 1987, Para.
8; I/A Court H.R., Fairén Garbi and Solis Corrales Case. Preliminary Objections. Judgment of June 26, 1987.
Series C, Nº 2, Para. 87; I/A Court H.R., Gangaram Panday Case. Preliminary Objections. Judgment of
December 4, 1991. Series C, Nº 12, Para. 38; and I/A Court H.R. Loayza Tamayo Case. Preliminary
Objections. Judgment of January 31, 1996. Series C, Nº 25, Para. 40.