3.
Duplication of procedures and res judicata
32. The file concerning the petition contains no information that would suggest that this
subject is currently pending in another international proceeding, or is substantially the same as
one previously studied by the Commission or another international organization, as stated in
Articles 46.1.c and 47.d respectively.
4.
Description of the alleged facts
33. Article 47.b of the Convention states that the Commission shall consider inadmissible any
petition or communication that “does not state facts that tend to establish a violation of the
rights guaranteed by this Convention.” The Commission considers that the facts alleged by the
petitioners and described in Section III of the present report, might amount to prima facie
violations of Articles 8, 11, and 25 of the American Convention in relation to the obligations
stated in Article 1.1 of the same statute.
34. Equally, on the grounds of iura novit curia, and that the alleged tapping and recordings
were intended to affect how the social organizations exercised their rights might amount to a
violation of the right to freedom of association, the IACHR additionally admits this case on the
grounds of alleged violation of Article 16 of the American Convention.
35. Consequently, the IACHR concludes that in this point the petition is admissible in
accordance with Article 47.b.
V.
CONCLUSIONS
36. The Commission concludes that the petition is admissible and that it has competence to
examine the complaint lodged by the petitioners alleging violation of Articles 6, 11, 16 and 25,
in conformity with Articles 1.1 and 2 of the American Convention, in accordance with the
requirements established in Article 46 of the same instrument.
37. Based on the foregoing considerations of fact and law, and without prejudging the merits
of the case,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES:
1. To declare this petition admissible in relation to Articles 8, 11, 16, 25 of the American
Convention in accordance with Articles 1.1 and 2 of the same instrument.
2. To give notice of this decision to the parties.
3. To continue the analysis of the merits of the case.
4. To publish this decision and include it in its Annual Report to the General Assembly of the
OAS.
Done and signed in the city of Washington, D.C., on the 2nd day of the month of March, 2006.
(Signed): Evelio Fernández Arévalos, President; Florentín Meléndez, Second Vice-President;
Clare K. Roberts, Freddy Gutiérrez Trejo, Paolo Carozza and Víctor E. Abramovich,
Commissioners.
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