88. Based on the information provided by the petitioners, and without prejudging as to
the merits of the case, the IACHR concludes that the petition also contains allegations
of fact which, if proven, would tend to establish violations of the rights to humane
treatment and personal liberty guaranteed by Articles 5 and 7 of the American
Convention.
89. As for the facts presented by the petitioners indicating that the alleged victims
could not benefit from a full review of their convictions by a higher court, the
Commission finds that there are sufficient elements to analyze a possible violation of
the rights guaranteed by Article 8(2) of the American Convention during the merits
stage.
90. Bearing in mind the complaints lodged regarding the right to protection,
guarantees, and judicial review, and the principle of jura novit curia; in its decision on
the merits, the Commission will also examine whether Article 25 of the American
Convention on the right to judicial protection may have been violated.
91. Consequently, the Commission concludes that in this case the petitioners have
lodged complaints which, if they meet other requirements and are proven to be true,
may tend to establish violations of rights protected by the American Convention; to
wit, those set forth in Articles 5 (right to humane treatment), 7 (right to personal
liberty), 8(2) (right to a fair trial), 19 (rights of the child), and 25 (right to judicial
protection), in relation to Articles 1(1) (obligation to respect rights) and 2 (duty to
adopt domestic legal measures).
V.
CONCLUSIONS
92. The Commission concludes that it is competent to hear this case and that the
petition is admissible according to Articles 46 and 47 of the American Convention.
93. Based on the arguments in fact and in law presented above, and with no prejudgment on the merits of the case,
THE INTER-AMERICAN COMMISSION OF HUMAN RIGHTS
DECIDES:
1. To declare this case admissible with respect to the alleged violations of rights
protected under Articles 2, 5, 7, 8(2), and 25, in relation to Article 1(1) of the
American Convention.
2. To notify the parties of this decision.
3. To proceed to review the merits of the case; and
4. To publish this decision and include it in its Annual Report to the General Assembly
of the OAS.