8
39.
The case file does not indicate that the subject of the petition is pending in any other
international proceeding or that it reproduces a petition already examined by this or any other
international body. Therefore, it is appropriate to consider the requirements established in Articles
46(1)(c) and 47(d) of the Convention as having been met.
4.
Characterization of the alleged facts
40.
Given the elements of fact and law submitted by the parties and the nature of the
case presented for hearing by the Commission, the Commission finds it appropriate in the instant
case to establish that the allegations of the petitioners regarding the alleged irregularities committed
during the enforcement phase of the labor case, the supposed unwarranted delay in the conduct of
the process, and the alleged lack of impartiality on the part of the judicial officers who heard the
case could characterize violations of the rights to judicial guarantees and judicial protection, which
are protected in Articles 8(1) and 25 as they relate to Article 1(1) of the American Convention.
V.
CONCLUSIONS
41.
The Commission concludes that it is competent to examine the complaints submitted
by the petitioner regarding the alleged violation of Articles 8(1) and 25 as they relate to Article 1(1)
of the American Convention and are admissible in accordance with the requirements established in
Articles 46 and 47 of the American Convention.
42.
Based on the factual and legal arguments presented above and without thereby
prejudging the merits of the matter,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1.
To declare the complaints admissible with respect to Articles 8(1) and 25 as they
relate to Article 1(1) of the American Convention.
2.
To report this decision to the Ecuadorian State and the petitioner.
3.
To continue with analysis of the merits of the case.
4.
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 November 1st, 2010. (Signed): Felipe
González, President; Dinah Shelton, Second Vice-President; María Silvia Guillén, José de Jesús Orozco
Henríquez, and Rodrigo Escobar Gil, members of the Commission.