been to this date no investigation, trial or punishment of the perpetrators; and considering the
context in which the events took place, the Commission concludes that this petition was filed
within a reasonable time.
3.
Duplication of procedures and international res iudicata
60. Nothing in the record indicates that the subject of the petition is pending in another
international settlement procedure or that it duplicates a petition already examined by this or
another international agency. Consequently, the requirements of Articles 46(1)(c) and 47(d) of
the Convention are met.
4.
Characterization of the alleged events
61. It is not appropriate for the Commission at this stage of the procedure to establish whether
the alleged violations of the American Convention took place. For admissibility purposes, the
IACHR must simply decide whether the alleged events, if proven, could amount to a violation
of the American Convention, as prescribed in Article 47(b), and whether the petition is
"manifestly groundless" or "obviously out of order," in the words of paragraph (c) thereof.
62. The standard to be used for such findings differs from the standard required to decide the
merits. At this stage the Commission must make a summary prima facieassessment and
determine whether there are grounds for an apparent or potential violation of a right protected
by the Convention, without establishing the existence of that violation. The review that his
called for at this point is simply a summary analysis that does not prejudge or advance an
opinion on the merits. The Commission's own Rules of Procedure, by establishing two different
stages for admissibility and substance, reflect this distinction between assessments made to
admit a petition and to establish State responsibility for a violation.
63. Considering the information supplied by the petitioners, as well as the principle iura novit
curia that empowers the judge to determine the law applicable to the specific case, the
Commission decides, without prejudging the merits, that the alleged events, if proven, could
be characterized as violations of the rights to life, humane treatment, personal liberty, a fair
trial and judicial protection under Articles 4, 5, 7, 8, and 25 of the American Convention, in
conjunction with Articles 1(1) and 2 thereof. In addition, in view of the profile of the alleged
victim and the circumstances of his detention and subsequent disappearance, the Commission
finds that the reported events could characterize violations of rights protected by Articles 23,
19 and 17 of the American Convention. Furthermore, the Commission finds that those events
tend to characterize a violation of the commitments undertaken by the Guatemalan State
under Article I of the Inter-American Convention on Forced Disappearance of Persons.
Accordingly, the IACHR finds that this requirement has been met.
V.
CONCLUSIONS
64. The Commission concludes that the case is admissible and that the IACHR has jurisdiction
to hear the petitioners' claims of violation of Articles 4, 5, 7, 8, 17, 19, 23 and 25 of the
American Convention, in conjunction with Articles 1(1) and 2 thereof, as well as Article I of the
Inter-American Convention on Forced Disappearance of Persons. 31
65. By virtue of the above facts and law and without prejudging the merits of the matter,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES:
1. To find the present case admissible with respect to Articles 4, 5, 7, 8, 17, 19, 23 and 25 of
the American Convention, in conjunction with Articles 1(1) and 2 thereof, and in relation to
31
See IACHR, Report No. 91/06, Admissibility, Edgar Fernando García, Guatemala, October 21, 2006, para. 34.
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