improperly. Accordingly, the Commission accepts that the requirements under Article
46 have been met.
2.
Time period for submission of the petition
27. In accordance with Article 46(1)(b) of the Convention, a petition must be
presented in a timely manner to be admitted, namely, within six months from the date
on which the complaining party was notified of the final judgment at the domestic
level. In the instant case, the final remedy attempted was the request for revocation
dismissed by the Supreme Court by means of a decision dated October 19, 1995. The
petitioners indicate that they were notified of this decision on October 24, 1995. In
view of the petitioners’ contention that the Supreme Court had accepted a request for
revocation in another case, a contention the State has not challenged, the presentation
of the appeal for revocation appears to have offered at least some possibility of relief.
The State, for its part, has raised no challenge with respect to the adequacy of the
particular remedy, or compliance with this requirement under Article 46(1)(b).
Accordingly, the Commission considers this requirement to have been met.
3.
Duplication of proceedings and res judicata
28. Article 46(1)(c) sets forth that admission of a petition is subject to the requirement
that the subject “is not pending in another international proceeding for settlement,”
and Article 47(d) of the Convention stipulates that the Commission shall not admit a
petition which “is substantially the same as one previously studied by” it “or by
another international organization.” In the present case, the parties have not claimed
and the proceedings do not indicate the existence of either of these circumstances of
inadmissibility.
4.
Characterization of the facts alleged
29. With respect to the admissibility of petitions, the Commission has to determine
whether the facts stated in the petition tend to establish a violation of rights set forth
in the American Convention, as required under Article 47(b), or whether the petition
must be dismissed as “manifestly groundless” or “obviously out of order” under Article
47(c).
30. With respect to the State’s contention that the petition should be deemed
inadmissible for failing to characterize a violation of a protected right, as the
Commission has previously indicated, it is not appropriate at this stage of proceedings
to determine whether the American Convention was actually violated. For purposes of
admissibility, the IACHR must determine whether the facts as set forth could
characterize a possible violation, as stipulated in Article 47 of the Convention. The
criterion for assessing this is different from that which must be followed in deciding the
merits of a complaint. The Commission must conduct a prima facie assessment to
determine whether the complaint demonstrates an apparent or potential violation of a
right protected by the Convention. This is a summary analysis, which does not imply
any prejudgment as to the merits of the dispute. The distinction between the
examination required for declaring admissibility and that required for determining a
violation is reflected in the IACHR's own rules of procedure, which clearly differentiate
these two stages.