application supports an apparent or potential violation of a right
guaranteed by the Convention, without establishing the existence of the
violation. All that is called for at this point is a summary analysis,
without prejudging or advancing an opinion on the merits. The Rules of
Procedure of the Commission itself, by establishing two different stages
for admissibility and substance, reflect this distinction between
assessments made to admit a petition and to establish a violation.
28.
In the view of the Commission, the State's arguments that no
violation of judicial protection took place do not address the issue of
admissibility by showing that the petition is manifestly groundless or
clearly out of order. Those arguments will be examined by the
Commission when dealing with the merits of the case.
29.
The Commission finds that the arguments put forward by the
petitioners are not manifestly groundless. The allegations concerning
the establishment of an ex-post-facto Special Committee lacking in legal
authority to impose a penalty, a Committee that is furthermore alleged
to have followed a procedure inconsistent with due process of law, could
constitute, if proven, violations of Articles 8 and 9 of the American
Convention. When dealing with the substance of the matter, the
Commission will also examine whether Mr. Colindres' separation from
office violated Article 23.1.c of the Convention, 3 and whether the
Tribunal's refusal to rule on the alleged violations during the
constitutional protection hearing violated Article 25 of the
Convention. All these articles will be examined in connection with the
general provisions in Articles 1 and 2 of the Convention, as habitually
done in the case law of the Inter-American system.
30.
On the other hand, the Commission finds that the petitioners
have not presented facts that might be characterized as a separate
violation of the right to protection of a person's honor and
dignity. Consequently, the petition is ruled inadmissible in regard to
Article 11 of the Convention.
V.
CONCLUSION
31.
The Commission concludes that the case is admissible and that
the Commission has jurisdiction to hear the petitioners' claim concerning
alleged violations of Articles 1, 2, 8, 11, 23 and 25 of the American
3 See IACHR, Report 24/05 (Admissibility). Ana María Ruggeri Cova et al.,
Venezuela, March 8, 2005, paragraph 45.
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