requirement set forth at Article 46(1)(a) of the American Convention has been met. 2. Time period for lodging a petition 34. In the petition under consideration, the IACHR has established that the Peruvian State tacitly waived its right to invoke the objection of failure to exhaust domestic remedies, thus the requirement of Article 46(1)(b) of the American Convention does not apply. 35. Nonetheless, the Convention’s requirements of exhaustion of domestic remedies and submission within six months of the judgment exhausting domestic remedies are independent. Therefore, the InterAmerican Commission must determine whether the petition under consideration was submitted within a reasonable time. The Commission observes that the petition alleges a multiple prosecution by way of judicial, administrative, and military proceedings for the same facts, against the alleged victim. In this context, and without prejudging on those arguments, to determine whether the complaint has been lodged in timely fashion, one must consider two aspects, the date of submission of the petition, and current status of the domestic proceedings. As of the date of submission, the proceeding in the military jurisdiction was ongoing; accordingly, the IACHR considers that the petition was submitted within a reasonable time. 3. Duplication of proceedings and res judicata 36. There is no evidence that the subject matter of this petition is pending before any other procedure for international settlement, or that it is substantially the same as one already examined by the Commission or any other international organization. 4. Characterization of the facts alleged 37. The Commission considers that the petitioner’s presentation refers to facts that tend to establish violations of rights enshrined in Articles 7, 8, and 9 of the American Convention, as well as the obligation to respect the rights, set forth in Article 1(1) thereof. 38. The Commission also considers that the petitioner did not specify the alleged violation of Article 9 of the Convention. There are, therefore, no grounds for declaring the petition admissible, as it does not set out facts that could be characterized as a violation of that Article. 10