8 41. Finally, the IACHR must consider, in application of the iura novit curia principle, whether the facts alleged in the petition regarding failure to investigate the presumed torture, if proven, could characterize violations of the State’s obligation to conduct an investigation and a criminal proceeding, as established in Articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture, in view of the fact that the alleged absence of an investigation occurred after the entry into force of that Convention. Since it is apparent that the petition is not manifestly groundless or obviously out of order, the Commission considers that the requirements established in Articles 47(b) and (c) of the American Convention are satisfied. V. CONCLUSIONS 42. The Commission concludes that it is competent to examine the complaints presented by the petitioners regarding the alleged violation of Articles 4, 5, 8, and 25, considered in accordance with Article 1.1 of the American Convention, and Articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture, and that they are admissible, pursuant to the requirements established in Articles 46 and 47 of the American Convention. 43. Based on the factual and legal arguments contained herein, and without prejudging the merits of the case, THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS DECIDES: 1. To declare this case admissible with regard to Articles 4, 5, 8, and 25, considered in relation to Article 1.1 of the American Convention on Human Rights and Articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture. 2. To notify the parties of this decision. 3. To continue with an analysis of the merits of the case. 4. To publish this decision and include it in its Annual Report to be presented to the OAS General Assembly. Done and signed in the city of Washington, D.C., on the 22nd day of March 2011. (Signed): Dinah Shelton, President; José de Jesús Orozco Henríquez, First Vice-President; Rodrigo Escobar Gil, Second Vice-President; Paulo Sérgio Pinheiro, Felipe González, Luz Patricia Mejía Guerrero, and María Silvia Guillén, Commission Members. Series C No. 34, fourth operative paragraph; Case of Kawas Fernández v Honduras. Judgment of April 3, 2009. Series C No. 196, para. 128, and Case of Anzualdo Castro v Peru. Judgment of September 22, 2009. Series C No. 202, para. 105.