characterize the alleged criminal behavior arising from the forced displacement and regarding which the authorities had a “margin of appreciation.” The IACHR notes that the State’s reasoning indicates that in spite of the material complaints made over the years by the victims – some of which are set out in the case file of precautionary measures MC 70/99 – the authorities did not pursue any proceedings specifically in connection with the criminal acts that led to the forced displacement of the affected communities in the case at hand. 50. In any event, above and beyond the names of the substantive provisions and judicial resources available, the Commission has seen that even in those cases in which the specific crime of forced displacement was invoked before the courts after the corresponding law came into effect, there have been delays in dealing with the situation, leading the Constitutional Court of Colombia to note in this regard the existence of an “unconstitutional state of affairs.”31 51. In sum, given the characteristics and context of this case, the Commission believes that it is appropriate to apply the exception to the prior exhaustion of domestic remedies requirement provided for in Article 46.2.c of the American Convention, on account of the delay in administering effective justice in connection with the incidents set out in the petition. As regards the exception granted by Article 46.2.a, the IACHR believes that on account of its characteristics, it is covered by the exception applicable to delays as already admitted. 52. Invoking the exceptions to the exhaustion of domestic remedies rule contained in Article 46(2) of the Convention is closely tied in with determining possible violations of certain rights set forth therein, such as guarantees of access to justice. However, by its very nature and purpose, Article 46.2 is a provision with autonomous content vis-à-vis the Convention’s substantive precepts. So, the decision as to whether the exceptions to the exhaustion of domestic remedies rule are applicable in the case at hand must be taken before the merits of the case are examined and in isolation from that examination, in that it depends on a different criterion from the one used to determine whether Articles 8 and 25 of the Convention were indeed violated. It should be noted that the causes and effects that prevented the exhaustion of domestic remedies in the case at hand will be analyzed in the Commission’s future report on the merits of the controversy, in order to determine whether or not the American Convention was in fact violated. 2. Filing period 53. The American Convention requires that for a petition or communication to be admitted by the Commission, it must be lodged within a period of six months from the date on which the alleged victim of a rights violation was notified of the final judgment. In the instant case, the IACHR has admitted exceptions to the exhaustion of domestic remedies requirement in accordance with Article 46.2.c of the American Convention. In this regard, Article 32 of the Commission’s Rules of Procedure states that in cases in which the exceptions to the requirement of prior exhaustion of domestic remedies are applicable, petitions must be presented within what the Commission considers a reasonable period of time. For that purpose, the Commission has to consider the date on which the alleged violation of rights occurred and the circumstances of each case. 54. In the case at hand, the petition was presented on June 1, 2004, and the incidents it describes commenced on February 24, 1997. Since part of the petition deals with the delay in responding to the situations it describes and in administering justice, it must be concluded that 31 The IACHR, in its 2005 Annual Report, spoke about the urgency of responding to the orders for compliance issued by the Constitutional Court urging the institutions of the State to respond to the consequences of internal displacement. 2005 Annual Report of the IACHR, OEA/Ser.L/V/II.124, Doc. 7, February 27, 2006, Chapter IV, section on Colombia, paragraph 8. Constitutional Court, Deed 176 of August 29, 2005, Orders related to the budgetary effort needed to implement the policies of attention to displaced populations, in accordance with judgment T-025 of 2004, handed down by the Third Review Chamber; (2) Constitutional Court, Deed 177 of August 29, 2005, Orders given in the third paragraph of the operative section of Judgment T-025 of 2004, to overcome the unconstitutional state of affairs as regards internal forced displacement; and (3) Constitutional Court, Deed 178 of August 29, 2005, Orders contained in paragraphs two, four, five, eight, and nine of the operative section of Judgment T-025 of 2004, issued to overcome the unconstitutional state of affairs as regards internal forced displacement. 12