41. By virtue of the principle iura novit curia and the repeated rulings based on case law issued
by the Commission and the Court to the effect that, if a forced disappearance is proven, it
would constitute a violation of the right to life, 11 the IACHR is also admitting the present case
on the grounds of a presumed violation of Article 4.
42.Therefore, the IACHR considers that the alleged incidents, if proven, would constitute
violations of the rights protected by Articles 4, 5, 7, 8, 17, 18, 19, and 25, all in connection
with Article 1 of the American Convention. 12
V.
CONCLUSIONS
43. The Inter-American Commission concludes that it is competent to hear this case and that
the petition is admissible in accordance with Articles 46 and 47 of the American Convention.
44. On the basis of the factual and legal arguments indicated above and without prejudging
the merits of the case,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1.To declare that the present case is admissible in regard to the alleged violations of the rights
protected by Articles 1.1, 4, 5, 7, 8, 17, 18, 19 and 25 of the American Convention.
2. To notify the parties of this decision,
3.To continue examining the merits of the case, and
4. To publish this decision and include it in its Annual Report to the OAS General Assembly.
Done and signed in the city of Washington, D.C., on the 21st day of the month of October, 2006.
(Signed): Evelio Fernández Arévalos, President; Paulo Sérgio Pinheiro, FirstVice-President;
Freddy Gutiérrez, Paolo G. Carozza and Víctor E. Abramovich, Commissioners.
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12
See, for example, the I/A Court H.R., Castillo Páez Case. Judgment of November 3, 1998. Series C No. 34, para. 66.
The Commission puts on record that, although an account has been given of the grave incidents that were reported
regarding the alleged execution of Mrs. Silverio, mother of José Adrián Rochac Hernández, and his brother, Sergio
Antonio Rochac Hernández, they have not been the object of any specific complaint, nor has any information been
given about any proceedings being filed to exhaust domestic remedies about it. The Commission therefore shall not be
reviewing the alleged responsibility of the State for these incidents in the present case.
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