domestic remedies be exhausted is independent from the provision
requiring that the petition be lodged within six months from the date
on which the party alleging violation of his rights was notified of the
final judgment within the domestic system.
28.
This consideration aside, the Commission must still
determine whether the petition in this case was lodged within a
reasonable period, in accordance with Article 32 of its Rules of
Procedure. It bears noting that the petition itself asserts that the
alleged victim’s next of kin have been unable to obtain justice because
of the excessive and unwarranted delays in the justice system. As
previously noted, the punishable offense took place on May 19,
1997. While it is true that an investigation of the case was undertaken
and that events occurred in the course of that inquiry that might
reasonably explain the delay, such as the nullification of proceedings
and the rescheduling of the trial of the defendant in the case, it is also
true that as of the date on which this case is being examined, 9 (nine)
years have passed since the events in question occurred. The State
has taken too long to solve this case. In a previous case, the
Commission held that since the time of the events, “sluggishness and
lack of results in th[e] investigation constitute[d] an obvious case of
unjustified delay in the administration of justice that, in fact, impl[ied]
a denial of same ….” 4 Thus, the question of whether a petition is lodged
within the six months from the date on which the remedies under
domestic law were exhausted may depend upon how effective and
efficient those remedies are in producing results for the alleged
victims. Hence, the decision as to whether the time period established
in Article 46(1)(b) of the American Convention is exigible in this case
must also be deferred until the examination of the merits.
4.
judicata
Duplication of international proceedings and res
29.
Nothing in the file of this petition suggests that the
subject matter of the petition is pending decision in another
international proceeding for settlement, or that it replicates a petition
already decided by the Inter-American Commission. The Commission
therefore concludes that the requirements established in Articles 46.1.c
and 47.d of the Convention have been met.
5.
Characterization of the facts alleged
30.
For admissibility purposes, the IACHR has to decide
whether the allegations state facts that tend to establish a violation of
4 Inter-American Commission on Human Rights, Resolution No. 17/87, Case 9425,
Peru, March 28, 1987, in Annual Report of the Inter-American Commission on Human
Rights 1986-1987, p. 127, Consideranda 6
8
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents