46.
Article 46(1)(b) of the American Convention provides that
admission of a petition shall be subject to the requirement that it is
"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." In the
instant case, a final decision has not been rendered from whose date of
notification a period of six months may be counted. Bearing in mind that
the petitioner filed a complaint under domestic law on November 20,
2001, and that the investigation remains pending of the rights that the
alleged victim alleges were violated during said investigation, and taking
account of the date of lodging the petition with the IACHR, the
Commission considers that it was lodged within a reasonable period.
Therefore, the requirement regarding the period for submission under
the provisions of Article 32 of its Rules of Procedure has been met.
3.
Duplication
47.
Article 46(1)(b) of the American Convention provides that
admission of petitions shall be subject to the requirement that the
matter “is not pending in another international proceeding for
settlement,” and Article 47(d) of the Convention stipulates that the
Commission shall consider inadmissible any petition that “is substantially
the same as one previously studied by” the Commission or by another
international organization. In the instant case, the parties have not
adduced the existence of either of these two requirements of
inadmissibility, nor may they be deduced from the proceedings.
4.
Colorable Claim
48.
For purposes of admissibility, the IACHR must decide whether the
petition states facts that tend to establish a violation of the Convention,
as stipulated in Article 47(b) of the American Convention, and whether
the petition is “manifestly groundless” or “obviously out of order,” in
accordance with Article 47(c). The standard of evaluation of these two
questions is different from that required to decide on the merits of a
complaint. The IACHR must make a prima facie evaluation in order to
consider whether the complaint is based on an apparent or potential
violation of a right guaranteed by the Convention and not to establish
the existence of a violation. Such evaluation constitutes a summary
review that does not prejudge the merits of the matter discussed.
49.
The petitioner alleges that a series of irregularities were
committed by the judicial authorities in investigating a serious crime
committed against V.R.P., especially (a) inappropriate treatment of a
child in her condition as the victim of a sex crime; and (b) negligence on
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