7
43.
In addition, considering the facts alleged in this petition, and in application of the principle
iura novit curia, it falls to the Commission to determine whether the State bears responsibility for the alleged
violation of Article 3 of the American Convention, in connection with Article 1.1; and of Article I of the InterAmerican Convention on Forced Disappearance of Persons, given the continuing lack of clarification as to
the crime of forced disappearance.
V.
CONCLUSIONS
44.
On the basis of the considerations of fact and of law set forth herein, and without prejudging
the merits of the matter,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
HAS DECIDED:
1.
To declare this petition admissible in relation to Articles 2, 3, 4, 5, 7, 8, and 25 of the
Convention, in keeping with Article 1.1 thereof, and in relation to Article I of the Inter-American Convention
on Forced Disappearance of Persons.
2.
To apprise both the Ecuadorian State and the petitioner of this decision.
3.
To proceed with the examination of the merits.
4.
To publish this decision and to include it in the Commission’s Annual Report to the OAS
General Assembly.
Done and signed in the city of Washington, D.C., on the 1st day of the month of November 2010.
(Signed): Felipe González, President; María Silvia Guillén, José de Jesús Orozco Henríquez, and Rodrigo
Escobar Gil, members of the Commission.