2. Timeliness of the petition 25. Article 46(1)(b) of the Convention provides that 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. The petitioner argues that the final decision under domestic law was issued on March 25, 2003. The petitioner submitted his complaint to the Commission on September 3, 2003. The State has not invoked failure to comply with the six months rule, for which reason it is deemed tacitly to have waived this defense The Commission concludes that the petition was presented within the time limit established in Article 46(1) (b) of the Convention. 3. Duplication of proceedings and res judicata 26. The Commission understands that the substance of the petition is not pending settlement in any other international proceeding, nor is it substantially the same as any petition previously studied by the Commission or other international body. Hence, the requirements set forth in Articles 46(1)(c) and Article 47(d) of the Convention have also been met. 4. Characterization of the facts alleged 27. The Commission notes that the petition raises important questions about the denial of justice through failure to make civil reparations to the relatives of a victim of grave human rights violations, and that these are compounded by criminal impunity through application of an amnesty law that perpetuates the State's breach of its obligations to respect and guarantee rights and to adopt adequate domestic measures. Consequently, the Commission concludes that the petitioner's complaint describes facts that, if proven, could constitute violations of the rights protected by Articles 8 and 25 of the American Convention, in relation with the obligations of Articles (1) and 2, and that the requirements of Article 47(b) are thereby fulfilled. V. CONCLUSION 28. By virtue of the arguments of fact and of law set forth above, the Commission concludes that the case at hand fulfills the requirements of admissibility established in Article 46 of the American Convention and, without prejudging the merits of the case, THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS 9

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