Report no. 58/15 petition 348-09

Timeliness of the petition

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Timeliness of the petition

  1. Article 46.1.b of the American Convention states that petition must be “lodged within a period of six months from the date on which the party alleging violation of his rights was notified of the final judgment.” This rule does not apply when the Commission finds that the case falls under one of the exceptions to the exhaustion of domestic remedies set forth in Article 46.2 of the Convention. In such cases, the Commission must determine whether the petition was filed within a reasonable period of time in accordance with Article 32.2 of its Rules of Procedure, which establishes that:

In those cases in which the exceptions to the requirement of prior exhaustion of domestic remedies are applicable, the petition shall be presented within a reasonable period of time, as determined by the [Inter-American] Commission. For this purpose, the Commission shall consider the date on which the alleged violation of rights occurred and the circumstances of each case.

  1. In this case, the disappearance of Alfredo Jiménez Mota reportedly occurred on April 2, 2005; the petition was filed on March 11, 2009, and as of the date of this report the State has not concluded the necessary investigations to establish the facts and prosecute the perpetrators, or determine the journalist’s whereabouts. Given the characteristics of this case, particularly that, to this day, the whereabouts of the alleged victim has not been determined and the criminal investigation is at the initial stages, the Commission finds that the petition was filed within a reasonable period of time and that the admissibility requirement concerning the timeliness of the petition has been met.

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