4. Colorable claim 31. For the purposes of admissibility, the Commission must decide whether the petition states facts that tend to establish a violation, as stipulated in Article 47(b) of the American Convention or whether the petition is “manifestly groundless” or is "obviously out of order," as established in Article 47(c) of the Convention. The standard to assess these requirements is different from the one necessary to decide the merits of the petition. The Commission must complete a prima facie evaluation to examine whether the complaint establishes a basis for an apparent or potential violation of a right guaranteed by the Convention and not an evaluation to establish the existence of a violation. Such review is a short analysis that does not imply any pre-judging or anticipation of an opinion on the merits. 32. Neither the American Convention nor the Rules of Procedure of the IACHR require that the petitioner identifies the specific rights allegedly violated by the State in the matter submitted to the Commission, although the petitioners may do so. It is up to the Commission, based on the case-law of the System, to determine in its admissibility reports which provision of the relevant inter-American instruments is applicable or could be established as having been violated, if the events alleged are sufficiently proven. 33. The Commission considers that, if proven, the events alleged by the petitioners could constitute and infringement of the rights established in Articles 4, 5, 7, 8, and 25 of the American Convention, in connection with the duties set forth in Articles 1(1) and 2 of the same Convention. The Commission will also analyze in the merits the arguments related to the Inter-American Convention to Prevent and Punish Torture. V. PROVEN FACTS A. General considerations about the application of the death penalty in Guatemala 1. The application of the death penalty in Guatemala 34. The death penalty is established both in the Guatemalan Political Constitution and in its Criminal Law. Article 18 of the 1985 Constitution of Guatemala establishes: Death penalty. The death penalty may not be imposed in the following cases. a. b. c. d. With the basis on presumptions; On those older than sixty years of age; On those convicted of political crimes and common crimes connected to political ones; and On those convicted and whose extradition has been granted under such condition. Against a sentence that imposes the death penalty, all of the pertinent legal recourses, including that of cassation, will be admissible; the afore-mentioned will always be admitted for its processing. The penalty will be executed after all of the recourses are exhausted. The Congress of the Republic can abolish the death penalty.4 35. Likewise, the Criminal Code establishes in its Article 43 that: The death penalty has an extraordinary nature and can only be sentenced in the cases expressly stipulated by the law and will not be executed until after the exhaustion of all legal recourses. 4 Political Constitution of the Republic of Guatemala of 1985. 5