Court of Justice of the Province of Salta. The Commission has no set
rules over what constitutes "unwarranted delay", but rather evaluates
the circumstances of each case to determine whether there has been
unwarranted delay.16 In the present case, bearing in mind that the
petitioners filed a motion for constitutional protection in 2000 that is still
pending, and given the circumstances set forth above, the Commission
concludes that, without prejudging its future determination on the
merits of the case, there has been an unwarranted delay in issuing a
final judgment, within the meaning of Article 46.2 (c). As to the question
of prejudgment, it is important to recall that:
the invocation of exceptions to the requirements of Article
46 is closely linked to the examination of the substance of
possible violations of rights enshrined therein, particularly
the guarantees relative to access to justice. Nonetheless,
given its nature and purpose, the review under Article 46.2
is autonomous vis-à-vis the substantive norms of the
Convention.
The determination as to whether the
exceptions to the requirement of exhaustion of domestic
remedies apply in a given case requires an analysis of the
claims raised in advance of and apart from the
determination of the merits of the case, and according to a
standard distinct from the one used to determine whether
the State bears responsibility for the violation of the rights
to judicial protection or guarantees set forth in the
Convention. The causes that have impeded the exhaustion
of domestic remedies, and the consequences thereof, shall
be analyzed to the extent appropriate when the Commission
examines the merits of this case.17
82.
Because the events of this case are covered by the rule of
"unwarranted delay" of Article 46.2.c, the petitioners are excused from
fulfilling the requirement of Article 46.1.a on the exhaustion of domestic
remedies. The Commission sees no reason to consider the other
remedies invoked by the State, because it has determined that there
was unwarranted delay in issuing a final judgment with respect to a
suitable remedy for protecting the rights under examination in this
petition.
2.
Timeliness of the petition
16 IACHR, Report Nº 16/02, Marco Antonio Servellón García et al. (Honduras), Petition
12.331, Admissibility, para. 31, February 27, 2002.
17 IACHR, Report Nº 03/03, Carlos Saúl Menem (Son), Argentina, Petition 12.257,
Admissibility, para. 36, February 20, 2003.
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