8
3.
Characterization of the facts alleged
35.
Given the elements of fact and of law presented by the parties and the nature of the
matter it has under consideration, the Commission finds that in the instant case, a determination
must be made as to whether the petitioner’s allegations could tend to establish violations of rights
protected under Articles 5, 8 and 25 of the American Convention, read in conjunction with Article
1(1) thereof, to the detriment of Mrs. Balbina Rodríguez and her mother, Mrs. Aura de las Mercedes
Pacheco Briceño.
36.
The Commission also observes that the allegations made by the petitioner
concerning the obligation to adopt domestic legislative measures, pursuant to Article 2 of the
American Convention, specifically the matter of the provisions of Venezuela’s Organic Code of
Criminal Procedure that govern the conduct of the Public Prosecutor’s Office, require an in-depth
analysis because they raise questions pertaining to the scope of the obligation contained in Article
2 of the Convention, in relation to the rights contained in Articles 8(1) and 25 thereof.
37.
Finally, the Commission considers that the petitioner has not supplied the basic
elements that establish a prima facie case for her claims of a potential violation of the rights to life
and to equal protection, recognized in Articles 4 and 24 of the American Convention, respectively.
The IACHR therefore declares that the petition is inadmissible with respect to those allegations, in
keeping with Article 47(b) of the American Convention.
V.
CONCLUSIONS
38.
The Commission concludes that it is competent to examine the allegations made by
the petitioner claiming violation of Articles 5, 8 and 25 of the American Convention, read in
conjunction with Articles 1(1) and 2 thereof, and they are admissible under the requirements set
forth in Articles 46 and 47 of the American Convention. It also concludes that the claims alleging
violation of Articles 4 and 24 of the American Convention are inadmissible.
39.
Based on the arguments of fact and of law stated above and without prejudging the
merits of the matter,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES:
1.
To declare the present case admissible with respect to Articles 5, 8 and 25, in relation
to Articles 1(1) and 2 of the American Convention.
2.
To declare the present case inadmissible with respect to Articles 4 and 24 of the
American Convention.
3.
To notify the Venezuelan State and the petitioner of this decision.
4.
To proceed with the analysis of the merits of this matter.
5.
Assembly.
To publish this decision and include it in its Annual Report to the OAS General
Done and signed in the city of Washington, D.C., on the 20th day of the month of March 2012.
In favor: José de Jesús Orozco Henríquez, President; Tracy Robinson, First Vice-President; Felipe