121.
The Commission notes that all the complaints presented were examined at first and second
instance and that final decisions were adopted on them by the Supreme Court upon its examination of
applications for cassation alleging formal and material errors. The Supreme Court accepted the applications or
vacated the judgments at second instance sua sponte and, consequently, issued substitute judgments. Following
the Supreme Court’s decision, the petitioners say that they had no access to additional remedies and that the
State, for its part, has also not identified other suitable remedies that remain to be exhausted. Accordingly, the
Commission finds that the respective decisions of the Supreme Court produced final judgments in the criminal
proceedings and that the remedies have been exhausted.
2.
Timeliness of the petition
122.
Article 46(1)(b) of the American Convention provides that for a petition to be admissible, it
must be presented within six months of the date on which the party alleging violation of rights was notified of
the final judgment.
123.
The IACHR received the petitions on different dates. Thus, as regards the petition lodged by
AFDD, it was received on January 28, 2008 and the facts alleged in the petition occurred on July 30, 2007. As
regards the petition received on March 3, 2008, the facts alleged in the petition occurred on September 5, 2007.
As regards the petition received on June 26, 2008, the facts alleged in the petition occurred on December 27,
2007. As regards the petition received on June 10, 2009, the facts alleged in the petition occurred on December
11, 2008. As regards the petition received on June 24, 2009, the facts alleged in the petition occurred on
December 24, 2008. As regards the petition received on March 4, 2010, the facts alleged in the petition occurred
on September 10, 2009. As regards the petition received on January 20, 2010, the facts alleged in the petition
occurred on July 23, 2009. As regards the petition received on February 12, 2010, the facts alleged in the
petition occurred on August 13, 2009. As regards the petition received on March 25, 2010, the facts alleged in
the petition occurred on September 29, 2009. As regards the petition received on June 1, 2010, the facts alleged
in the petition occurred on December 2, 2009. As regards the petition received on June 23, 2010, the facts
alleged in the petition occurred on December 23, 2009. As regards the petition received on July 20, 2010, the
facts alleged in the petition occurred on January 25, 2010. Finally, as regards the petition received on August
16, 2010, the facts alleged in the petition occurred on April 14 and May 18, 2010.
124.
Therefore, the Commission concludes that all the matters were presented within the
prescribed time and, therefore, the requirement set forth in Article 46(1)(b) of the Convention has been met.
3
Duplication of proceedings and international res judicata
125.
There is nothing in the record to suggest that the subject matter of the petition is pending in
another international proceeding for settlement or that it is substantially the same as one previously studied
by this or any other international organization. Therefore, the requirements set forth in Articles 46(1)(c) and
47(d) of the Convention are considered as having been met.
4.
Colorable Claim
126.
For the purposes of admissibility, the IACHR must decide, pursuant to Article 47(b) of the
American Convention, whether the facts alleged, if proven, could characterize a violation of rights, or, pursuant
to paragraph (c) of the same article, whether the petition is “manifestly groundless" or "obviously out of order."
The standard by which admissibility is assessed is different from the one needed to decide the merits of a
petition since the Commission must perform a prima facie evaluation to determine whether the petition
provides grounds for an apparent or potential violation of a right guaranteed by the American Convention. This
examination is a summary analysis that does not imply a prejudgment or preliminary opinion on the merits of
the matter.
127.
Furthermore, neither the American Convention nor the Rules of Procedure of the IACHR
require that the petition identify the specific rights allegedly violated by the State in a matter submitted to the
Commission, though the petitioners may do so. It is up to the Commission, based on the case-law of the system,
20