6
D.
Duplication of proceedings and international res judicata
35.
The case file does not indicate that the subject of the petition is pending any other
international proceeding or that it reproduces a petition already examined by this or any other international
body. Therefore, it is appropriate to deem the requirements established in Articles 46.1.c and 47.d of the
Convention to have been met.
E.
Characterization of the alleged facts
36.
For admissibility purposes, the Commission must decide whether the facts alleged could
tend to establish a violation of rights as stipulated in Article 47(b) of the American Convention, or whether
the petition is “manifestly groundless” or “obviously out of order,” in accordance with subparagraph (c) of
that article. The criterion for evaluating these requirements is different from that used to rule on the merits
of a petition; the Commission must perform a prima facie evaluation to determine whether the petition
establishes the grounds for a possible or potential violation of a right guaranteed by the Convention, but
not to establish the existence of a violation of rights. This determination constitutes a primary analysis that
does not involve prejudging on the merits of the case. 5
37.
In addition, neither the American Convention nor the IACHR Rules of Procedure require
the petitioner to identify the specific rights that are alleged to have been violated by the State in the matter
submitted to the Commission, although petitioners may do so. In contrast, it is up to the Commission, based
on the jurisprudence of the system, to determine in its admissibility reports which provision of the relevant
Inter-American instruments is applicable and could be found to have been violated if the alleged facts are
proven through sufficient evidence and legal arguments.
38.
Given the evidence submitted by both parties and the nature of the matter subject to its
review, the IACHR finds that in the current petition it is appropriate to establish prima facie that the
petitioners’ allegations regarding the alleged violation of the rights to life, humane treatment, and judicial
guarantees could tend to establish violations of Articles 4, 5, 8, and 25, consistent with Article 1.1 of the
American Convention, to the detriment of the alleged victims and their family members.
39.
With respect to Article 19 of the American Convention, the Commission notes that as
posited by the Venezuelan State and indicated in the case file the alleged victims were already 18 at the
time of the fire.[1] However, the Commission notes that in the merits phase the analysis on the possible
assignment of responsibility for the facts as reported could include compliance or failure to comply with the
duty to guarantee in terms of a preventive component. This analysis, based on its very nature and in
accordance with the jurisprudence of the bodies of the inter-American system, could involve determinations
regarding the obligations of the State within a timeframe prior to the fire. In this sense, in the merits phase
the Commission will be able to take into consideration, as relevant, the special obligations to protect derived
from Article 19 of the American Convention.
In accordance with the standards of interpretation regarding human rights established in the
American Convention,6 with the criteria established by the Inter-American Court of Human Rights regarding
the tendency to integrate the regional system and the international system, and with the concept of corpus
5
IACHR, Report No. 12/10, Case 12.106, Admissibility, Enrique Hermann Pfister Frías and Lucrecia Pfister Frías, Argentina,
March 16, 2010. para. 46; IACHR, Report No. 10/10, Petition No. 214-08, Admissibility, Koempai et al., Suriname, March 16, 2010.
para. 43.
6
American Convention, Article 29 Restrictions regarding Interpretation. No provision of this Convention may be interpreted
as: […] b) restricting the enjoyment or exercise of any right or freedom recognized by virtue of the laws of any State Party or by virtue
of another convention to which one of the said states is a party; […].