29.
In that connection, the Commission recalls that in circumstances where evolution of the facts
initially presented at the domestic level entails a change in terms of compliance or noncompliance with the
admissibility requirements, its analysis must be based on the situation extant at the time of its
pronouncement on admissibility.2
30.
In light of the foregoing, the Commission notes that as of the date of this pronouncement the
criminal proceeding had definitively concluded in the domestic jurisdiction. Therefore, the Inter-American
Commission considers that domestic remedies have been exhausted with prejudice in accordance with Article
46(1)(a) of the American Convention.
C.
Timeliness of the petition
31.
Article 46(1)(b) of the Convention provides that 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 that exhausted the domestic jurisdiction.
32.
The Commission established in the previous section that domestic remedies have been
exhausted. The requirement of prior exhaustion of domestic remedies was met during the processing of the
case with regard to its admissibility and merits. Under those circumstances, the Commission has consistently
taken the view that fulfillment of the requirement regarding the time period for lodging the petition is
intrinsically linked to the exhaustion of domestic remedies and should therefore be regarded as complied
with.3
D.
Duplication of international proceedings and res judicata
33.
Article 46(1)(c) provides that the admissibility of petitions is subject to the requirement that
the subject “is not pending in another international proceeding for settlement,” while Article 47(d) of the
Convention stipulates that the Commission shall not admit a petition that “is substantially the same as one
previously studied” by the Commission or by another international organization. In the case, the parties have
not shown the existence of either of those two circumstances, nor can they be deduced from the record.
E.
Colorable claim
34.
For purposes of admissibility, the Commission must decide whether the petition states facts
that tend to establish a violation, as stipulated in Article 47(b) of the American Convention, whether the
petition is “manifestly groundless” or whether it is "obviously out of order,” as per Article 47(c). The standard
of appreciation of these measures is different from that required to decide on the merits of a complaint. The
Commission must perform a prima facie evaluation to examine whether the complaint establishes a basis for
an apparent or potential violation of a right guaranteed by the Convention and not to establish the existence
of a violation. Such a review is a summary analysis that does not imply any pre-judging or any early formation
of an opinion on the merits.
35.
Neither the American Convention nor the Rules of Procedure of the IACHR requires that the
petitioners identify the specific rights alleged to be violated by the State in the matter submitted to the
Commission, although the petitioners may do so. Rather, it is up to the Commission, based on the case-law of
the system, to determine in its admissibility reports which provision of the relevant inter-American
instruments is applicable or could be established as having been violated, if the facts alleged are sufficiently
proven.
2 IACHR, Report No. 2/08, Petition 506-05, Admissibility, José Rodríguez Dañín, Bolivia, March 6, 2008, par. 56; and Report No.
25/04, Case 12.361, Admissibility, Ana Victoria Sánchez Villalobos et al. (Costa Rica), March 11, 2004, par. 45.
3 IACHR, Report No. 8/10, Caso 12.374, Admissibility, Jorge Enrique Patiño Palacios et al., Paraguay, March 16, 2010, par. 31;
and Report No. 20/05, Petition 716/00, Admissibility, Rafael Correa Díaz, Peru, February 25, 2005, par. 34.
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