-8judgments of this type and invoked the application of the Court’s opinion in
the Genie Lacayo case;
(c) Regarding the opinions on the effectiveness of the proceedings before the
ordinary justice system, the Commission made an inexact summary of the
decisions taken to date by the competent judges, in order to describe those
recourses over-hastily as useless, disregarding the progress made and the
results, and also the complexity of the case and the efforts made by the State
to investigate the facts, and prosecute and punish those responsible;
(d) The State has complied with all the requirements of case law, the treaties,
and the principle of the burden of proof for it to be acknowledged that
domestic remedies have not been exhausted, so that the petition that gave
rise to case No. 11,748 should not have been found admissible; and
(e) The Commission applied unduly the exceptions to the exhaustion of domestic
remedies established in Article 46(2)(a) and (c) of the Convention, and this
led to an improper processing of the petition that gave rise to the case and
generated grounds for rejecting the application.1
42.
With regard to the “second grounds,” the State argued that the Commission
had not complied with the “concept of a reasonable time limit” when admitting the
petition. According to the provisions of Article 46(1)(b) of the Convention, it is
generally required that the petition or communication should be lodged within six
months from the date on which the party alleging violation of his rights was notified
of the final judgment. However – the State indicated – the treaty-based period of six
months is not required when, in the Commission’s opinion, there are circumstances
in which an exception should be made to the requirement of prior exhaustion of
domestic remedies, according to the Commission’s parameters for the admission of a
petition established in Article 32(2) of its Rules of Procedure. Specifically, the State
declared that:
(a) Article 32(2) of the Commission’s Rules of Procedure establishes the
parameters that the Commission should take into account when considering
whether the period of time within which the petition was presented is
reasonable, in those cases when the treaty-based time limit of six months
from notification of the final judgment established in 46(1)(b) of the
Convention cannot be required;
(b) Procedural norms are inflexible and peremptory; consequently, even if the
case before the Commission is not contentious, it is obliged to respect the
time limits and comply with its treaty-based role with the prudence and
reasonableness required by its mandate;
(c) The Commission is obliged to respect the time limits established in the
Convention and, in the case of exceptions, such as in the instant case, it
should require a reasonable time limit for the presentation of a petition. The
Commission failed to comply with this concept of reasonableness when it
admitted a petition concerning facts that occurred slightly more than seven
years ago, and neither the petition nor the Admissibility Report explain this
delay;
1
Cf. brief with preliminary objections, answer to the application and with observations on the
requests and arguments brief (merits file, tome II, pp. 6 to 8, folios 352 to 354).
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