Commission “shall consider the date on which the alleged violation of rights occurred and the
circumstances of each case….”12
40.
In the instant case, the Commission ruled supra on the applicability to the
situation of the exception to the rule on exhausting domestic remedies. Therefore, the InterAmerican Commission must determine whether the petition was submitted within a
reasonable time, as established by the provision cited.
41.
In keeping with the foregoing paragraphs, as the petition was lodged on March
28, 2000, almost two years after the crime, the Commission considers that the submission
was within the standards of reasonableness to which the provision in question refers, mindful
of the period elapsed since the crime took place, without the domestic judicial proceeding in
relation to it going forward, which, as said, constitutes a clear exception to the prior
exhaustion requirement, without prejudice to the analysis that this body will perform in
relation to the possible violations of Articles 8 and 25 of the American Convention.
4.
Duplication of procedures and international res judicata
42.
It does not appear from the record that the subject matter of the petition is
pending before any other international procedure for settlement, nor that it reproduces
a petition already examined by this or another international organ. Therefore, it should be
considered that the requirements established in Articles 46(1)(c) and 47(d) of the Convention
have been met.
5.
Characterization of the facts alleged
43.
For purposes of admissibility, the IACHR must decide whether facts are stated
that tend to establish a violation, as stipulated in Article 47(b) of the American Convention,
and whether the petition is “manifestly groundless” or “obviously out of order,” as described
in Article 47(c).
44.
The standard of appreciation of these rules is different from that for deciding
on the merits of a complaint. The IACHR must undertake a prima facie evaluation to analyze
whether the complaint states the basis for an apparent or potential violation of a right
guaranteed by the Convention, not to determine whether there has been a violation. Such an
examination is a summary analysis that does not imply prejudging or anticipating an opinion
on the merits.13 As we encounter, in this hypothesis, an account that describes a possible
violation of basic rights such as the rights to life, equality before the law, judicial guarantees,
access to justice, and women’s rights, inherent to the alleged victim, all in relation to the
general obligation contained in Article 1(1) of the American Convention, it is proper to
undertake a study of this dispute.
45.
The Commission does not find that the petition is “manifestly groundless” or
that it is “obviously out of order.” Accordingly, the IACHR considers that, prima facie, the
petitioners have shown what is required to consider it admissible.
46.
Nonetheless, the petitioners allege that the State breached its obligation
contained in Article 2 of the American Convention regarding the duty to adopt provisions of
domestic law to ensure respect for the rights contained in the Convention. According to the
12 IACHR, Report No. 31/ 99, Case 11,763, Plan de Sánchez Massacre, Admissibility, March 11, 1999.
13 IACHR, Report No. 21/04, Petition 12,190, Admissibility, José Luis Tapia González et al., Chile,
February 24, 2004, para. 33.
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