They may not interpret or apply them in a manner contrary to the precedents or
jurisprudence of the Constitutional Court.
As a result, in accordance with its practices,11 the Commission holds the opinion that the
process initiated against the assumed victims contemplated the possibility that the Costa Rican
courts would have recourse to judicial consultation on constitutionality with the Supreme Court
of Justice, so that it could decide on the applicability or inapplicability of the criminal laws that
the petitioners denounced as being in violation of the human rights of the victims. Article 8.1
of the Law of Constitutional Jurisdiction offers the judicial authorities the possibility of
redressing the matter domestically. The Commission believes that in this specific case, in view
of the fact that the principal object of the petition is the questioning of the conviction referred
to earlier, the petitioners were not required to exhaust action in regard to unconstitutionality.
Therefore, they did exhaust domestic remedies pursuant to Article 46(1)(a).
b.
Deadline for lodging the petition
47. The six-month term stipulated in Article 46.1 (b) was complied with in this case, since the
petitioners lodged the petition on March 1, 2001, after the last decision was handed down by
the Third Chamber of the Supreme Court of Justice on January 24, 2001.
c.
Duplication of procedures and res judicata
48. It appears from the case file that the petition lodged with the Inter-American Commission
is not currently pending in any other international settlement proceedings, nor is it a
substantial reproduction of another previous petition or communication already considered by
the Commission or another international organization, as established in Articles 46(1)( c) and
47(d), respectively.
d.
Characterization of the alleged events
49. The State requested that the Commission reject the petition in limine on the grounds that
it is “manifestly groundless.”
50. The Commission is of the view that it is not appropriate to determine whether or not there
was a violation of the American Convention at this stage of the proceedings. For the purposes
of admissibility, the Commission must decide if the events can be characterized as a violation,
as stipulated in Article 47(b) of the American Convention, and if the petition is “manifestly
groundless” or “obviously out of order,” pursuant to subparagraph (c) of that Article. The
standard for evaluating these factual requirements is different from the requirement for
deciding on the merits of a petition. The IACHR must conduct a prima facie evaluation to
determine whether the petition establishes grounds for the apparent or potential violation of a
right guaranteed by the Convention, but not to establish the existence of a violation. This
determination involves a summary analysis which does not imply a prejudgment or advance
opinion on the substance of the matter. The Commission’s Regulations, by establishing two
clear stages, one involving admissibility and the other the substance of the petition, reflects
this distinction between the evaluation the Commission must conduct for the purpose of
declaring a petition admissible and that required to establish a violation.
51. The extensive arguments presented by the State on this point demonstrate in and of
themselves that the petition is not “manifestly groundless,” that it is not “obviously out of
order,” or that it does [not] characterize a presumed violation. On the contrary, the very
response of the State deserves a more careful examination of the petition during the stage
involving its merits. The IACHR considers that, prima facie, the petitioners have proven the
factual requirements stipulated in Article 47(b) and (c).
V.
CONCLUSIONS
11 Inter-American Commission on Human Rights, Report Nº 77/01, case 11.571, Humberto Antonio Palamara
Iribarne, Chile, October 10,. 2001, paras. 33-35.
8