13.
In view of the elements of fact and law presented by the parties and the nature of the matter
brought to its attention, the Commission believes that, if proved, the purported failure to enforce the judgment
establishing the international return of boy D., the alleged failure to observe the principle of the child’s best
interest and the lack of judicial protection regarding the facts may establish possible violations of Articles 5
(Humane Treatment), 8 (Fair Trial), 17 (Family) and 25 (Judicial Protection)of the American Convention in
connection with its Article 1.1 (Obligation to Respect Rights), in light of the Inter-American Convention on the
International Restitution of Children and the corpus jure on children, to the detriment of the alleged victims.
Likewise, the facts might also establish a possible violation of Article 19 (Rights of the Child) of the Convention,
in connection with its Article 1.1 to the detriment of child “D.”
14.
Also, as to the International Covenant on Civil and Political Rights, the Commission is not
competent to determine violations of the rules of said instrument. However, the IACHR may consider it for
interpretation purposes of the American Convention at the merits stage of this case, pursuant to Article 29 of
the Convention.
VIII.
DECISION
1.
To declare the instant petition admissible in relation to Articles 5, 8, 17, 19 and 25 of the
American Convention, in connection with its Article 1.1;
2.
To notify the parties of this decision;
3.
To continue with the analysis on the merits; and
4.
To publish this decision and include it in its Annual Report to the General Assembly of the
Organization of American States.
Approved by the Inter-American Commission on Human Rights in the city of Montevideo, Uruguay, on
the 26th day of the month of October, 2017. (Signed): Francisco José Eguiguren, President; Margarette May
Macaulay, First Vice President; Esmeralda E. Arosemena Bernal de Troitiño, Second Vice President; José de
Jesús Orozco Henríquez, Paulo Vannuchi, James L. Cavallaro, and Luis Ernesto Vargas Silva, Commissioners.
4