presumably of public interest, the effects that said sanctions have had
on the petitioner, and the alleged irregularities in the criminal trial, could
characterize a possible violation of the rights established in Articles 13,
8, and 25 of the American Convention regarding obligations established
in Article 1(1) of that instrument. Likewise, although it was not alleged
by the petitioner, by virtue of the principle of iura novit curia (the courts
know the law), the Commission considers pertinent to analyze a possible
application of Article 2 of the American Convention in its merit report.
47.
The Commission also considers that the facts related to the
inability to leave the country, or to vote or be elected to political posts,
within the framework of a criminal trial and/or as a result of conviction
presumably incompatible with the American Convention, may constitute
possible violations of the rights established in Articles 22 and 23 of that
instrument.
48.
Finally, the Commission finds that the facts alleged and the
information submitted by the petitioner do not characterize potential
violations of the rights established in Articles 11 and 24 of the American
Convention. Therefore, it declares that part of the petition inadmissible.
V.
CONCLUSION
49.
Based on the arguments of fact and law presented above,
and without pre-judging the merits of the case, the Inter-American
Commission concludes that this case meets the requirements of
admissibility stipulated in Articles 46 and 47 of the American
Convention, and therefore
THE INTER-AMERICAN COMMISSION OF HUMAN RIGHTS,
DECIDES:
1.
To declare this petition admissible with regard to the
alleged violations of the rights established in Articles 13, 22, 23, 8, and
25 pursuant to Articles 1(1) and 2 of the American Convention. The
possible application of article 2 of the American Convention was included
by the IACHR so as to analyze it in the merits phase by virtue of
principle iura novit curia.
2.
To declare inadmissible the complaint under Articles 11
and 24 of said instrument.
3.
To notify the State and the petitioner of this report.