ACHPR
African Commission 011
Human and Peoples' Bights
Human nights our
Collective Responsibility
68. In Octavia Ruben Gonzalez Acosta v Paraguay33, despite a lapse of 24 years, the InterAmerican Commission on Human Rights (IACHR) employed the doctrine of
continuing violations and held that
taking into account the date of the alleged
violations, the possible existence of a situation of continuing violation of human
rights, and the status of the various domestic remedies in Paraguay, the
Commission finds that the petition under analysis was submitted within a
reasonable period of time">.
1/ •••
69. Accordingly, considering that this case complainsof a continuing situation - being
the continued incommunicado detention of the Victim - the Commission holds that
the present Communication was submitted within Clreasonable period of time.
,~
-,
..
.,~
70. Indeed, even if the Commission disregarded the principle of continuing violations,
the Complaint would still have been submitted within a reasonable period. The
Complaint was submitted on 19. October 2018, two months» after the alleged
incommunicado detention of the Victim, which occurred on 17 September 2018.
Clearly, submission within two months is well within the international standard
of a six-month delimitation period. As such, the present Communication complies
with Article 56(6) of the African Charter.
g. Other procedure of international settlement (Article 56(7) of the African
.Charter
71. In accordance with Article 56(7) of the African Charter, the Communication, as
duly indicated by the Complainants, has not been submitted to, or settled by
another regionaIpr international complaints mechanism.
Decision of the Commission on Admissibility
72. In view of the above, the African declared this Communication Admissible in
accordance with Article 56 of the African Charter;
CONSIDERATION OF THE MERITS
/""0,1
•
33
34
petitio, n 12.358: Octavia Ruben Gonzalez Acosta v Paraguay (7 - 24 October
Id, para 30..
tlUI.14J
0\\
~
,
,eRE
,
L'/I/""
0
2003);;,",l' ~'-;-. - . ":~'
:'!~ 8
._I-': \~
AnO'll""of!he
Afr'can~/'-'"
I.
f J
Union 'On ,
t'
Xa. ~.
\_,~
,.~./
)!5
AU-UA
1 !; 2;
~,I
d? '"
The African commiSSiOrii~H;rQ)~
Q.d..Be ~e<S' Rights
31 Bijilo Annex Layout, Kombo~'
t02istflC!?IWest:-eO~~Region
Phone: (220)
~6b f-r~Q'2)\~.41 0504
Email:
au-ba~lrar;;rfr:rGa"!union.ore:
https:/achpr.au.inlll;)
0 a