83.
Article 46.1.b of the Convention provides that, to be
admissible, a petition must be lodged within a period of six months from
the date on which the petitioners are notified of the final judgment
exhausting domestic remedies. That six-month rule guarantees legal
certainty and stability once a decision has been taken. In the absence
of a final decision, Article 32.2 of the Commission's Rules of Procedure
requires that the petition be presented within a reasonable time.
84.
The Commission notes that the last definitive decision at
the federal level with respect to the motion for constitutional protection
was issued on February 5, 1998 by the federal Supreme Court, and the
petition was submitted to the IACHR on August 4, 1998. As noted in the
previous section, there is another appeal pending at the date of this
report. Therefore, the Commission concludes that this requirement of
the Convention has been met.
3.
Duplication of proceedings and res judicata
85.
Article 46.1.b establishes as a condition for a petition to
be admissible that "the subject of the petition or communication is not
pending in another international proceeding for settlement”, and Article
47 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 present case, the parties have not indicated that
either of these circumstances applies, nor can they be deduced from the
file.
4.
Characterization of the facts alleged
86.
The State has requested the Commission to declare the
petition inadmissible. The Commission considers that it is not
appropriate at this stage of the proceedings to establish whether or not
there has been a violation of the American Convention. For purposes of
admissibility, the IACHR must determine whether the petition describes
facts that could characterize a violation, as stipulated in Article 47.b,
and whether the petition is "manifestly groundless or obviously out of
order”, according to subparagraph (c) of that Article.
87.
The standard for appreciating these limits is different from
that required for deciding on the merits of a complaint. The Commission
must make a prima facie evaluation to examine whether the complaint
establishes an apparent or potential violation of a right guaranteed in
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