7
punishment of those responsible, the IACHR considers that, if proven, they could constitute failure to
comply with the obligations established in Articles 1, 6, and 8 of the ICPPT.]
36.
In the merits phase the Commission will examine whether the treatment of forced
disappearance under domestic law and the potential negative effects of the amnesty laws on the
investigation of the facts constitute noncompliance with the obligation to take measures under domestic
law, set forth in Articles 2 of the American Convention and III of the Inter-American Convention on Forced
Disappearance of Persons.
37.
Finally, inasmuch as the facts alleged by the petitioners do not appear to be obviously out
of order or manifestly groundless, the Commission concludes that the complaint satisfies the
requirements set forth in articles 47(b) and (c) of the American Convention.
V.
CONCLUSIONS
38.
On the basis of the foregoing findings of fact and of law, and without prejudging the
merits of the matter, the Inter-American Commission concludes that this case meets the admissibility
requirements set forth in Articles 46 and 47 of the American Convention; therefore
THE INTER-AMERICAN COMMISSION DE HUMAN RIGHTS,
DECIDES:
1.
To declare the petition admissible in respect of the alleged violations of the rights
protected in Articles 3, 4, 5, 7, 8, and 25 of the American Convention in conjunction with the obligations
established in Articles 1.1 and 2 of the same instrument.; and in respect of Articles I and III of the InterAmerican Convention on Forced Disappearance of Persons and Articles 1, 6, and 8 of the Inter-American
Convention to Prevent and Punish Torture..
2.
To notify the State and the petitioners of this decision.
3.
To begin the process of examining the merits of the case.
4.
Assembly.
To publish this decision and include it in the Annual Report to the OAS General
Done and signed in the city of Washington, D.C., on the 26th day of January 2012. (Signed): Dinah
Shelton, President; José de Jesús Orozco Henríquez, First Vice-President; Felipe González, Rosa María
Ortiz; Rose-Marie Antoine and Tracy Robinson, Commission Members.