miscarriage of justice. His inability to secure a review of the proceedings logically implies his
inability to seek compensation for having been convicted under a miscarriage of justice, should
that be the case.
38. The IACHR notes that in their application the petitioners did not claim that the alleged
victim’s capital sentence was the result of a miscarriage of justice and, further to that, they did
not supply any resolution from a Guatemalan court that would have indicated that such an
error was committed by the Guatemalan judicial authorities. Consequently, the argument
relating to the violation of Article 10 of the Convention is based solely and exclusively on an
expectation or hypothetical situation, and not on a real, specific situation in which the right to
compensation as recognized by the Convention was violated. The Commission therefore holds
that the petitioners’ claim regarding this particular point is manifestly groundless and
consequently inadmissible under Article 47(c) of the American Convention.
V.
CONCLUSIONS
39. The Commission concludes that it is competent to examine this matter and that under
Articles 46 and 47 of the American Convention, the petition is admissible with respect to
Articles 1(1), 2, 4, 5, 8, and 25 of that instrument and inadmissible with respect to Article 10
thereof.
40. Based on the foregoing considerations of fact and law, and without prejudging the merits
of the case,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES:
1. To declare this case admissible with respect to the potential violation of Articles 1(1), 2, 4,
5, 8, and 25 of the American Convention on Human Rights.
2. To declare this case inadmissible with respect to Article 10 of the American Convention on
Human Rights.
3. To ratify the precautionary measures granted on January 30, 2002, and to request that the
Guatemalan State take the steps necessary to protect the life of Mr. Ronald Ernesto Raxacacó
Reyes until such time as the Commission has ruled on the merits of the case.
4. To give notice of this decision to the parties.
5. To continue with its analysis of the merits of the complaint.
6. To publish this decision and to include it in its Annual Report to the General Assembly of the
OAS.
Done and signed at the headquarters of the Inter-American Commission on Human Rights, in
the city of Washington, D.C., on the 9th day of October 2002. (Signed): Juan Méndez,
President; José Zalaquett, Second Vice-President; Robert K. Goldman, Julio Prado Vallejo,
Clare K. Roberts, and Susana Villarán, Commissioners.
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