Article 32(2) of the IACHR’s Rules of Procedure states that in cases in which the exceptions to the prior exhaustion requirement are applicable, the petition must be presented within what the IACHR deems to be a reasonable period of time. For this purpose, the IACHR shall consider the date on which the alleged human right violation occurred and the circumstances of each case.
The Inter-American Commission has already determined that an exception to the rule requiring the prior exhaustion of domestic remedies is applicable in this case. Consequently, it must determine whether the petition was lodged within a reasonable time, as required by Article 32.2 of its Rules of Procedure. The record before the IACHR indicates that the alleged violations of Mr. Ameziane’s human rights are of an ongoing nature, as they began with the detention of Mr. Ameziane in Afghanistan and continue today, as he is still incarcerated in Guantanamo Bay. Moreover, the IACHR observes that the petition was submitted three and a half years after Mr. Ameziane’s counsel lodged the petition of habeas corpus, and six and a half years since his detention by U.S. officials, a period of time that the IACHR considers reasonable in terms of Article 32(2) of its Rules, and consistent with its own precedents. Thus, the IACHR concludes that the petition was lodged before it within a reasonable time.