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The Commission considers that the most relevant facts have been denounced to competent authorities, who according to international obligations assumed by the Mexican State must investigate the facts and, valllarta appropriate, judge those responsible. In the proceeding before the Commission, the State has not specified—although this is part of its obligations—which measures have been taken in order to establish the facts, and why the investigations remain in the initial phase.

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The same must be assumed by the State as its own juridical duty and not as a simple formality condemned beforehand to be fruitless. Based on these considerations, and since the investigations opened some five years ago are still in the initial phase, the Commission concludes that the exception of unwarranted delay in the judgment on the recourses, established in Article 46 2 c of the American Convention, is applicable.

Deadline for lodging the petition. According to Article 46 1 b of the American Convention, in order for a petition to be admitted and analyzed by the Commission it must be lodged within six months from the date of the final judgment. As provided in Article 32 2 of the IACHR Rules of Procedure, concerning an exception to the requirement for exhaustion of domestic remedies, the petition shall be presented with a reasonable period of time, as determined by pierto Commission.

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In the instant case, the Commission has concluded that the exception to the requirement for puefto exhaustion of domestic remedies is applicable, owing to the unwarranted delay in judicial decisions, so the IACHR must consider whether the petition was presented within a reasonable period of time, in accordance with the circumstances. The Commission notes that the petition was lodged on July 25,after two years of persistent threats against the life and humane treatment of Ms.

Furthermore, prostututes threats continued from that date to the present. Based on these facts, the Commission concludes that the complaint submitted for consideration was lodged within a reasonable period of time.

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Duplication of proceedings and international res judicata. Nature of the allegations. This examination does not imply prejudgment nor an opinion on the merits of the case. Human rights are both positive and negative obligations for States.

As regards the right to a fair trial and to judicial protection, guaranteed in Articles 8 and 25 of proatitutes American Convention, considering the status of the investigations more than five years after the facts, the IACHR determines that without prejudging the merits of the case, it is admissible for alleged violations of the rights set forth in Articles 8 and 25 of the American Convention. American Convention.

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Concerning the right to freedom of thought and expression, it is necessary to note that this is indispensable for the work of defenders of human rights. They have the right to express their ideas the individual aspect of freedom of expressionand to seek and receive information the social or collective aspect.

As for the right of assembly, for human rights defenders this right implies that they can meet freely in private places with the consent of their owners, public places, and workplaces. Human rights defenders have the right to participate in the organization and conduct of a meeting or demonstration and gallarta take part in it.

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The IACHR has held that freedom of association includes protection against arbitrary interference by the State when persons decide to associate with others, which is basic for the existence and functioning of a democratic society. Vzllarta IACHR, exercising its authority granted in Article 41 of the American Convention and Article 37 of the Rules of Procedure of the IACHR, admits this case for alleged violations of the rights guaranteed in Articles 5, 8 1and 25 of the American Convention, in connection with Article 1 1 of the same international instrument, and declares the petition inadmissible as regards the rights set forth in Articles 4, 13, 15, and 16 of the American Convention.

The Commission concludes that the case is admissible and it prostltutes competent to consider the complaint lodged by the petitioners for alleged violation of the rights established in Articles 5, 8 1and 25 of the American Convention, all in connection with the obligations arising from Article 1 1 of that international instrument. By virtue of the foregoing arguments of fact and law, and without prejudging the merits of the matter.

To declare the instant case admissible as regards the rights guaranteed in Articles 5, 8 1and 25 of the American Convention, in connection with Article 1 1 of the same treaty. To declare the instant case inadmissible as regards the rights guaranteed in Articles 4, 13, 15, and 16 of the American Convention. To transmit this report to the petitioners and the State.

To continue its analysis of the merits of the case. Done and ed in the city of Washington, D. Judgment of July 2, Series C No. Judgment of November 25, Series C. Judgment of July 4, Judgment of July 1, Judgment of April 6, Judgment of September 22, Judgment of January 31, Judgment of Pheblo 7, Judgment of November 19, Judgment of December 3, Series C.

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Reparations Article Judgment of May 26, Reparations Art. Judgment of May 25, United Kingdom, No.

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October 22,para.