review if he has new evidence that could reverse the initial judgment. In view of the factual and legal
information submitted by the parties and the nature of the case before it, the IACHR considers that, if proven,
sole-instance criminal proceedings might constitute a possible violation of the rights protected in Articles 8
and 25 of the American Convention, in conjunction with Article 1(1) and 2 thereof, to the detriment of Saulo
Arboleda Gómez.
42.
Lastly, regarding the alleged violation of the rights to honor and dignity and to equality before
the law, contained in Articles 11 and 24 of the American Convention, the Commission does not consider the
allegations or evidence sufficient to establish a prima facie case for violation of those articles. In regard to the
right to equality before the law, the Commission notes that, according to the petitioners’ own claims, the
Criminal Division voided the proceedings against Rodrigo Villamizar because it considered him to have acted
in a private rather than ministerial capacity, which meant that it did not have special jurisdiction.
V.
CONCLUSIONS
43.
On the basis of the factual and legal arguments set forth above, the Inter-American
Commission concludes that this petition satisfies the admissibility requirements established in Articles 31 to
34 of the Rules of Procedure and Articles 46 and 47 of the American Convention and, without prejudging the
merits of the case,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES:
1.
To declare this petition admissible with respect to Articles 8 and 25 of the American
Convention, in conjunction with the obligations established in Articles 1(1) and 2 thereof;
2.
Convention;
To declare this petition inadmissible with respect to Articles 11 and 24 of the American
3.
To notify the parties of this decision;
4.
To continue with its analysis of the merits of the case; and
5.
To publish this decision and include it in the Commission’s Annual Report to the General
Assembly of the Organization of American States.
Done and signed in the city of Panama, Panama, on the 6th day of the month of December, 2016. (Signed):
James L. Cavallaro, President; Francisco José Eguiguren, First Vice President; Margarette May Macaulay, Second
Vice President; José de Jesús Orozco Henríquez, Paulo Vannuchi, and Esmeralda E. Arosemena Bernal de Troitiño
Commissioners.
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