declare a petition admissible, and the one required to establish whether a violation, imputable to
the State, has been committed.11
55. The Inter-American Commission’s jurisprudence clear establishes that it is not competent
to review judgments handed down by national courts that act within their jurisdiction and
apply the appropriate judicial guarantees. The IACHR cannot assume the position of an appeals
court to examine alleged errors in fact or in law that may have been committed by domestic
courts acting within their sphere of competence. However, within the limits of its mandate to
guarantee the observance of the rights provided for by the Convention, the Inter-American
Commission is competent to declare a petition admissible and decide on its grounds when it
refers to a national judgment handed down absent due process, or if a violation of any other
right guaranteed by the American Convention is put forward.12
56. Specifically regarding the proceedings followed against Messrs. and Mme. Juan Patricio
Marileo Sanabria, Florencio Jaime Marileo Saravia, Patricia Roxana Troncoso Robles, José
Benicio Huenchunao Mariñan and Juan Ciriaco Millacheo Lican, the Commission takes note that
in the instant case the complainants contend that there has been a violation of Article 24, in
connection with Article 1(1), of the American Convention. The petitioners also complain that in
the instant case there has been a violation of Article 8(2) of the American Convention, on the
right to a fair trial, in the degree to which they did not dispose of adequate means to prepare
their defense, as provided for by paragraphs c and f of said article.
57. Based on the arguments and documentation submitted by the parties, as well as on interAmerican jurisprudence, it is the opinion of the Commission that there is no indication of a lack
of grounds for the petition, or that it is out of order. Although some of the allegations of the
petitioners do not tend to establish human rights violations (e.g. the claim stating that the
court, in handing down its decision, had copied paragraphs of another judgment), the IACHR
will examine said allegations in its decision on the merits. It will do so within the context of the
argument referring to a special criminal law regime applied to the alleged victims and the
definition of the unlawful conduct, or the criminal type used, that couldprima facie characterize
a violation of human rights guaranteed by Articles 8 and 9, in connection with Article 1(1), of
the American Convention, with prejudice to Juan Patricio Marileo Saravia, Florencio Jaime
Marileo Saravia, Patricia Roxana Troncoso Robles, José Benicio Huenchunao Mariñan and Juan
Ciriaco Millacheo Lican. In addition, given the claims on the part of the petitioners regarding
the application of a criminal law regime more severe than common criminal law, because of
their ethnic origin, the IACHR considers that the facts object of the complaint could
characterize a violation of Article 24 of the American Convention, in connection with Article
1(1) of that international instrument.13
58. Therefore, it is the opinion of the Inter-American Commission that the requirements
established by Article 47(b) and (c) of the American Convention have been met.
V.
CONCLUSION
59. The IACHR concludes that it is competent to take cognizance of the instant case and that
the petition meets the requirements of admissibility, pursuant to Articles 46 and 47 of the
American Convention and to Articles 30, 37 and other related articles of its Rules of Procedure.
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES:
11
See IACHR, Report N° 31/03, Case 12.195, Mario Alberto Jara Oñate et al., Chile, March 7, 2003, paragraph 41. See
IACHR, Report N° 4/04, Petition 12.324, Rubén Luis Godoy, Argentina, February 24, 2004, paragraph 43.
12
See IACHR, Report N° 1/03, Case 12.221, Jorge Omar Gutiérrez, Argentina, February 20, 2003, paragraph 46,
citing Report N° 39/96, Case 11.673, Marzioni, Argentina, October 15 1996, paragraphs 50-51. See IACHR, Report N°
4/04, Petition 12.324, Rubén Luis Godoy, Argentina, February 24, 2004, paragraph 43.
13
IACHR, Report N° 89/06, Petition 619-03, Admissibility, Aniceto Norin Catriman and Pascual Pichún Paillalao,
Chile, October 21, 2006, paragraph 65.
9