7
juris in the area of children,7 the Commission will take into account for the possible application of Article 19
of the American Convention the provisions of the United Nations Convention on the Rights of the Child. 8
40.
Thus, in view of the factual and legal evidence presented by the parties and the nature of
the matter submitted for its hearing, the IACHR believes that the facts reported could tend to establish
possible violations of the rights protected in Articles 4, 5, and 19 of the American Convention, consistent
with Article 1.1 thereof, to the detriment of the five alleged victims; and of Articles 5, 8, and 25 of the
American Convention, to the detriment of their family members, consistent with Article 1.1 thereof.
V.
CONCLUSIONS
41.
Based on the factual and legal arguments presented above and without thereby entailing
prejudgment on the merits of the matter,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1.
To declare this complaint admissible with respect to Articles 4, 5, 8, 19 and 25 consistent
with Article 1(1) of the American Convention on Human Rights.
2.
To inform the Venezuelan State and the petitioner of this decision.
3.
To continue with analysis of the merits of the question.
4.
To publish this decision and include it in its Annual Report to the General Assembly of the
OAS.
Done and signed in the city of Washington, D.C., on the 8th day of November 2012. (Signed): José
de Jesús Orozco Henríquez, President; Felipe González, Second Vice-President; Dinah Shelton Rodrigo
Escobar Gil, Rosa María Ortiz, Rose-Marie Antoine, Commissioners.
7
I/A Court H.R., Case of the “Street Children” (Villagrán Morales et al.). Judgment of November 19, 1999. Series C, No. 63,
paragraph 194. Case of the “Juvenile Reeducation Institute.” Judgment of September 2, 2004. Series C, No. 112, paragraph 148,
Case of the Gómez Paquiyauri Brothers. Judgment of July 8, 2004. Series C, No. 110, paragraph 166. I/A Court H.R., Juridical Status
and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002. Series A, No. 17, paragraphs 24, 37, 53.
8
IACHR. Report No. 74/09 Mickey Alexis Mendoza Sánchez and Family, August 5, 2009, para. 29 and Report No. 72-09
Herson Javier Caro (Javier Apache) and Family, August 5, 2009, para. 34.