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

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