Articles XVIII (right to a fair trial) and XXIII (right to property) of the
American Declaration.
44.
In conclusion, the IACHR decides that the petition is admissible
under Article 47.b of the American Convention, in the terms described
above, concerning alleged violations of Articles XVIII and XXIII of the
American Declaration; and Articles 8, 21, and 25 of the American
Convention, in connection with Articles 1.1 and 2 of this treaty.
V.
CONCLUSIONS
45.
The IACHR
merits of this case
Articles 46 and 47
arguments of fact
case,
concludes that it has competence to consider the
and that the petition is admissible in accordance with
of the American Convention. Based on the foregoing
and law, and without prejudging the merits of the
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES:
1. To declare the petition admissible with respect to the alleged
violation of Articles 8, 21, and 25 of the American Convention
in connection with Articles 1.1 and 2 of the same instrument.
Based on the iura novit curia principle, it also declares the
petition admissible as regards a possible violation of Articles
XVIII and XXIII of the American Declaration.
2. To notify the State and the petitioners of this decision.
3. To begin consideration of the merits of the case.
4. To publish this decision and include it in its Annual Report to
the General Assembly of the Organization of American States.
Done and signed in the city of Washington, D.C., on the 29th day of the
month of October, 2009. (Signed): Luz Patricia Mejía Guerrero, President;
Victor Abramovich, First Vice-president; Felipe González, Second Vicepresident; and Paolo G. Carozza, members of the Commission.
15
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