9
resolution of the crime of forced disappearance based on the allegations made by the petitioners
with regard to the alleged participation of government agents in the disappearance of César Gustavo
Garzón Guzmán.
41.
In the analysis on the merits, the Commission will also consider iura novit curia the
presumed violation of Article 5 of the American Convention to the detriment of the relatives of the
alleged victim.
42.
Since it is not evident that the facts alleged in the complaint are either groundless or
without merit, the Commission considers that the requirements established in Articles 47(b) and (c)
of the American Convention have been met.
V.
CONCLUSIONS
43.
The Commission concludes that it is competent to examine the claims lodged by the
petitioners with regard to the alleged violation of Articles 4(1), 8(1) and 25 in connection to Article
1(1) and, under the principle of iura novit curia, Articles 3, 5 and 7 of the American Convention and
Article 1 of the Inter-American Convention on Forced Disappearance of Persons, with regard to the
alleged disappearance of César Gustavo Garzón Guzmán and the judicial resolution of the same,
and that these facts are admissible in accordance with the requirements established in Articles 46
and 47 of the American Convention.
44.
Based on the foregoing arguments in fact and in law and without prejudging the
analysis on the merits of the case,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1.
To declare admissible the claims regarding the alleged violation of Articles 3, 4(1), 5,
7, 8(1) and 25 of the American Convention in connection to Article 1(1) of the Convention and Article
1 of the Inter-American Convention on Forced Disappearance of Persons.
2.
To notify the Ecuadorian State and the petitioners of this decision.
3.
To continue with the analysis on the merits of the case.
4.
of the OAS.
To publish this decision and include it in its Annual Report to the General Assembly
Done and signed in the city of Washington, D.C., on the 12th day of the month of July, 2010.
(Signed: Felipe González, President; Paulo Sérgio Pinheiro, First Vice-President; Dinah Shelton,
Second Vice-President; María Silvia Guillén, José de Jesús Orozco Henríquez, Rodrigo Escobar Gil,
and Luz Patricia Mejía Guerrero, members of the Commission.