14. In these circumstances, the jurisprudence of the Inter-American Court of Human Rights is applicable in the sense that "the State claiming non-exhaustion has an obligation to prove that domestic remedies exist and that they are effective".2 Accordingly, the Commission is of the view that the petitioners' arguments, in conjunction with the statements made by the Supreme Council of Military Justice, seem to be valid insofar as domestic remedies were effectively exhausted. 2. Deadline for filing the petition 15. The petition was filed within six months of the final decision, as specified in Article 46(1)(b) of the Convention. Indeed, the attorney representing Lori Berenson was notified of the Supreme Military Court's decision on the appeal for review on August 8, 1997, and the petition was filed on January 22, 1998. 3. Other international bodies 16. The petition satisfies the requirements set out in Article 46(1)(c) that the case not be pending a decision before another international body or constitute the duplication of a petition already examined and decided on by the Commission or by any other international body to which the State belongs. V. CONCLUSION 17. The Commission concludes that it is competent to hear the present case and that it is admissible in accordance with the conditions set out in Articles 46 and 47 of the American Convention. 18. On the basis of these points of fact and of law and without prejudice to the merits of the case, THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, DECIDES: 1. To declare the present case admissible. 2. To notify the parties of the present decision. 3. To continue examining the questions of substance. 4. To place itself at the disposition of the parties with a view to finding an amicable solution based on respect for the rights protected under the American Convention and to invite the parties to respond within a period of two months as to what they have decided in that regard 5. To make the present report public and to include it in the annual report of the OAS General Assembly. Doned and signed at the headquarters of the Inter-American Court of Human Rights, on the eighth day of December 1998. (Signed): Carlos Ayala Coroa, Chairman; Robert K. Goldman, First Vice Chairman; Jean Joseph Exumé, Second Vice Chairman; and commissioners Alvaro Tirado Mejía, Claudio Grossman, Hélio Bicudo, and Henry Forde. 2 Inter-American Court of Human Rights, Case of Neira Alegría et al, Preliminary Objections, judgement of December 11, 1991. 3

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