3.
Duplication of procedures and international res judicata
21.
It does not appear from the record that the subject matter of the petition is pending before
any other procedure for international settlement, nor that it reproduces a petition already examined by this or
any other international organization. Therefore, the requirements established at Articles 46(1)(c) and 47(d) of
the Convention have been satisfied.
4.
Colorable claim
22.
For purposes of admissibility, the Commission must decide whether the facts alleged tend to
establish a violation of rights, as stipulated in Article 47(b) of the American Convention, or whether the petition
is “manifestly groundless” or “obviously out of order,” as per Article 47(c). The criterion for analyzing
admissibility is different from that used to analyze the petition, given that the Commission performs a prima
facie analysis to determine whether the petitioners establish an apparent or possible violation of a right
guaranteed by the American Convention. It is a summary analysis that does not entail prejudging or issuing a
preliminary opinion on the merits.
23.
Moreover, neither the American Convention nor the Rules of Procedure of the IACHR require
petitioners to identify the specific rights alleged to have been violated by the State in the matter submitted to
the Commission, though petitioners may do so. It is up to the Commission, based on the case-law of the system,
to determine in its admissibility reports what provision of the relevant inter-American instruments is
applicable and whose violation could be established if the facts alleged are proven by sufficient evidence.
24.
The petitioner argues that she was arbitrarily removed from her job as a judicial clerk, as her
removal proceeding unfolded in breach of judicial guarantees. She also indicates that the courts that heard her
claims failed to give her effective judicial protection. At the same time, the State says that she always had access
to adequate and effective judicial remedies, and that if her claims were not granted that does not make for a
per se violation of the American Convention.
25.
In view of the elements of fact and law presented by the parties and the nature of the matter
put before it, the IACHR considers that if it is proven that in the context of the removal of the petitioner the
judicial courts did not observe the required guarantees and that, for example, according to the petition
judgments were issued without having reviewed the record of ratifications and failing to abide by a ruling that
ordered that the due process violations be corrected, which could tend to establish possible violations of the
rights protected in Articles 8 and 25 of the American Convention, in keeping with Article 1(1) of the same
Convention.
26.
As regards petitioner’s claim alleging violation of Articles 5 and 11 of the American
Convention, the Commission observes that the petitioner does not offer arguments or support for their alleged
violation, thus that claim is not found admissible.
V.
CONCLUSIONS
27.
Based on the foregoing considerations of fact and law, the Inter-American Commission
concludes that this petition meets the admissibility requirements set forth at Articles 46 and 47 of the American
Convention, and, without prejudging on the merits,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES:
1.
To find the instant petition admissible in relation to Articles 8 and 25 of the American
Convention in connection with the obligation established at Article 1(1) of the same instrument.
4