Convention. It should be clarified that the causes and effects that have
stood in the way of the exhaustion of domestic remedies in the instant
case will be analyzed, as relevant, in the report the Commission adopts
on the merits, to determine whether they in fact constitute violations of
the American Convention.
2.
Time for submitting the petition
34. In its various communications, the State has asked the
Commission to declare the case inadmissible for being time-barred,
since the request was submitted to the Commission more than one year
after the last judicial action domestically. The IAPA considers that the
irregularities in the criminal proceeding, as well as the impunity in the
case, render imply that the six-month term provided for in the
Convention inapplicable.
35.
Article 46(1)(b) of the Convention establishes that for it to be
possible to declare the petition admissible, it must be submitted within
six months from the date on which the interested person was notified of
the final decision in the domestic jurisdiction.
36. Having determined in the previous section that the judgment of
April 6, 2001, was not a decision that exhausted domestic remedies for
the purposes of admissibility, the Commission rejects the State’s
argument that the petition was time-barred. On considering that there
has been unwarranted delay in the criminal investigation, the rule that it
must be submitted within six months does not apply.
37. In this respect, Article 32 of the Commission’s Rules of Procedure
provides that in those cases in which the exceptions to the requirement
of exhaustion of domestic remedies apply, the petition must be
submitted within a time that is reasonable, in the Commission’s
judgment, bearing in mind the date of the alleged violation and the
circumstances of each case.
38. Bearing in mind the date of the facts alleged and the situation of
domestic remedies with respect to the specific facts submitted to the
IACHR in the instant matter, the Commission considers that the petition
in question was submitted within a reasonable time.
3.
Duplicity of procedures and res judicata
39.
From the record it does not appear that the complaint submitted
is pending before another international procedure, nor has the
9
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