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35.
With regard to the alleged violation of the right to judicial protection, the Commission
considers that if the facts alleged by the petitioner are correct, they could characterize a violation of the
right protected in Article 25.2.c of the American Convention.
36.
Moreover, the alleged delay of more than 17 years in the execution process could
characterize a violation of the right to be heard by a competent tribunal within a reasonable time. Further,
the Jurisprudence of the Inter American System has established that the patrimonial damage caused by
the State’s non-compliance with the judgments that were intended to protect the right to a pension in
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some circumstances could characterize a violation of the right to property. Thus, by virtue of the principle
of iura novit curia, the IACHR will study in the merits stage the possible violation of the rights set forth in
Articles 8.1 and 21 of the American Convention.
37.
From the information provided by the petitioner, the Commission does not have sufficient
evidence to decide on a possible violation of the right established in Article 24 of the American
Convention.
V.
CONCLUSIONS
38.
Based on the above-mentioned considerations of fact and of law, and without prejudice to
the merits of the case, the Inter-American Commission concludes that petition 147-98 meets the
requirements for admissibility stipulated in Articles 46 and 47 of the American Convention. Consequently,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1.
To declare petition 147-98 admissible, insofar as it relates to Articles 8.1, 21 and 25.2(c)
of the American Convention.
2.
To declare it inadmissible with regard to Article 24 of the American Convention.
3.
To notify the State and the petitioner of this decision.
4.
To publish this decision and include it in its Annual Report, to be presented to the OAS
General Assembly.
th
Done and signed in the city of Washington, D.C., on the 16 day of the month of July, 2010.
(Signed: Felipe González, President; Paulo Sergio Pinheiro, First Vice-President; Dinah Shelton, Second
Vice-President; María Silvia Guillén, José de Jesús Orozco Henríquez and Luz Patricia Mejía Guerrero,
members of the Commission).
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See I/A Court H.R., Case of Acevedo Buendía et al. (“Discharged and Retired Employees of the Office of the
Comptroller”). Judgment of July 1, 2009. Series C Nº 198, para. 85. See also IACtHR. Case of the “Five Pensioners”. Judgment of
February 28, 2003. Series C Nº 98, para. 103.
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