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Consequently, those elements of the complaint also satisfy the requirement set by Article 32 of the
IACHR’s Rules of Procedure.
D.
Duplication of proceedings
53.
The case file does not indicate that the substance of the petition is pending in any other
international settlement proceeding or that it has already been ruled on by the Inter-American
Commission. Consequently, the Commission finds that the requirements set in Articles 46.1.c and 47.d of
the Convention have been met.
E.
Characterization of the alleged facts
54.
At the admissibility stage, the Commission must decide whether the stated facts could
tend to establish a rights violation, as stipulated in Article 47.b of the American Convention, and whether
the petition is “manifestly groundless” or “obviously out of order,” as stated in Article 47.c. The level of
conviction regarding those standards is different from that which applies in deciding on the merits of a
complaint. The Commission must conduct a prima facie assessment to examine whether the complaint
entails an apparent or potential violation of a right protected by the Convention and not to establish the
existence of such a violation.
55.
In consideration of the parties’ contentions, the IACHR believes that there may have
been a violation of the rights enshrined in Articles 5, 7, 8, and 25 of the Convention, in conjunction with
Article 1.1 thereof, of Articles 1, 6, and 8 of the IACPPT, and of Article 7 of the Convention of Belém do
Pará, all with respect to Gladys Carol Espinoza. Under the principle of iura novit curia, the IACHR further
believes that the alleged rape of Gladys Carol Espinoza could also constitute a violation of the right
protected by Article 11 of the Convention, in conjunction with Article 1.1 thereof. Similarly, the alleged
torture, incommunicado detention, and visiting restrictions suffered by the alleged victim could entail a
violation of the right enshrined in Article 5.1 with respect to her family.
56.
The Commission notes that the State has presented claims regarding the criminal
proceedings brought against Gladys Carol Espinoza and has argued that any irregularities committed by
the military courts were rectified by the new terrorism laws enacted between January and February 2003.
In turn, the petitioners’ contentions regarding Articles 8 and 25 of the Convention address the failure to
investigate the alleged acts of violence suffered by Ms. Espinoza Gonzales. In light of the absence of any
specific claims from the petitioners regarding the criminal proceedings brought against her, the IACHR
shall refrain from ruling on any possible violation of the Convention arising therefrom. Accordingly, the
IACHR notes that the case at hand addresses the alleged illegal and arbitrary arrest of Gladys Carol
Espinoza, the alleged torture and inhuman detention conditions she suffered, and the alleged failure to
conduct investigations into those matters.
57.
Finally, in that the petition is not obviously groundless or out of order, the Commission
concludes that it satisfies the requirement set in Articles 47.b and 47.c of the American Convention.
V.
ANALYSIS OF FACTS
A.
Appraisal of the evidence
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58.
In accordance with Article 43.1 of its Rules of Procedure, the Commission will examine
the facts alleged by the parties and the evidence submitted during the processing of the case at hand. In
11
Article 43.1 of the IACHR’s Rules of Procedure provides as follows:
The Commission shall deliberate on the merits of the case, to which end it shall prepare a report in which it will
examine the arguments, the evidence presented by the parties, and the information obtained during hearings
and on-site observations. In addition, the Commission may take into account other information that is a matter
of public knowledge.