if the allegations state facts that tend to establish a violation of the American
Convention, as provided in Article 47(b) of same, and if the petition is "manifestly
groundless" or "obviously out of order," in accordance with paragraph (c) of this
article. The standard for identifying these extremes is different from the one used to
judge the merits of a complaint. At this stage, the IACHR must make a prima facie
evaluation, which does not imply a preliminary judgment or the issuance of an opinion
on the substance. Its own Rules of Procedure reflect this distinction between the
evaluation it must carry out to declare a petition admissible and the one required to
determine if there is indeed State responsibility, by establishing clearly differentiated
stages for assessment of admissibility and assessment of the merits.
56.
On the basis of the facts stated by the petitioner, the Commission
considers that the allegations made are neither "manifestly groundless" nor
"obviously out of order" and that, if proven correct, they could constitute an
infringement of the right to equal protection of the law recognized in Article 24 of the
American Convention, in conjunction with Articles 1.1 and 2 of said international
instrument.
57.
The IACHR considers that the circumstances described by the
petitioner do not tend to establish an alleged violation of the right to a nationality
enshrined in Article 20 of the American Convention because he has not been forced
to change his citizenship and because this citizenship has not been affected by any
public or government act. The IACHR also considers that the facts described by the
petitioner do not tend to establish violations of Article 26 of the Convention. The
situation described in this particular case, prima facie, can not be considered as a
regression measure adopted by the State with respect the rights invoked by the
petitioner.
58.
Inasmuch as these aspects of the complaint are not obviously
groundless or out of order, the Commission considers the requirements established
in Article 47(b) and (c) of the American Convention to have been met with regard to
the aforementioned aspect of the complaint, given that the situation described could
constitute an infringement of Article 24 of the American Convention in conjunction
with Articles 1.1 and 2 of said international instrument.
IV.
CONCLUSION
59.
On the basis of the above legal and factual considerations, the
Commission concludes that, with respect to the alleged violation of Article 24 of the
American Convention, the case under consideration meets the admissibility
requirements established in Article 46 of the American Convention, in conjunction
with Articles 1.1 and 2 of said international instrument.
60.
It further concludes that it is inadmissible with respect to the alleged
violation of Articles 20 and 26 of the American Convention.
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES:
1.
To declare this case admissible with respect to Article 24 of the
American Convention, in conjunction with Articles 1.1 and 2 of said international
instrument.
2.
To declare the petition inadmissible with respect to the alleged
violation of Articles 20 and 26 of the American Convention.