58.
Moreover, the Commission is of the view that the right to reparation for human rights
violations, specifically with respect to the right to liberty, is an autonomous right, thus it exists independent of
the domestic law and is part of the international responsibility of the State with respect to the violative conduct
of its agents. The Commission observes that in the instant petition it is alleged that the domestic system does
not provide for the possibility of reparation for the victims of “release under surveillance” in those cases in
which there is no written order emanating from the Executive. Therefore, the Commission considers that it
should analyze, in the merits phase, whether the domestic system offered adequate remedies for seeking
reparation in the instant petition.
59.
In light of the foregoing considerations, the Commission observes that the arguments put forth
tend to establish violations of the right to judicial guarantees and to judicial protection, protected at Articles 8,
24, and 25 of the American Convention in relation to its Article 1(1).
60.
In addition, the Commission observes that the arguments set forth tend to establish violations
of the duty to adopt provisions of domestic law, and, therefore, the IACHR will consider the possible violation
of Article 2 of the American Convention in the merits phase.
V.
CONCLUSIONS
61.
The Commission concludes that it is competent to examine the claims presented by the
petitioners on the alleged violation of Articles 2, 8, 24, and 25, in conjunction with Article 1(1) of the American
Convention, and that they are admissible, in keeping with the requirements established at Articles 46 and 47
of the American Convention.
62.
Based on the foregoing arguments of fact and law,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1.
To declare this petition admissible in relation to Articles 2, 8, 24, and 25 in connection with
Article 1(1) of the American Convention.
2.
3.
4.
To notify the Argentine State and the petitioners of this decision.
To continue to analyze the matter on the merits.
To publish this decision and include it in its Annual Report to the General Assembly of the OAS.