incidents that could tend to establish a violation of the American Convention, as required by
Article 47(b), and whether the petition is “manifestly groundless” or “obviously out of order,” as
required by section (c) of that article. The level of conviction regarding those standards is
different from that required in deciding on the merits of a complaint. At this juncture the IACHR
must perform a summary, prima facie evaluation, which in no way represents a preliminary
judgment or untimely opinion on the merits. Its own Rules of Procedure sets out the distinction
between the evaluation that is performed in order for a petition to be ruled admissible and the
one carried out to determine whether or not the State is responsible, by establishing clearly
separate phases for admissibility and for merits.
49. In the case at hand, the petitioner claims that the Peruvian State violated the right to humane
treatment, to personal liberty, to a fair trial, and the principle of legality, enshrined respectively
in Articles 5, 7, 8, and 9 of the American Convention, in conjunction with the obligation to respect
rights and to adopt domestic legal effects contained in Articles 1(1) and 2 thereof.
50. As of the drafting of this Report, the State has submitted no comments regarding this claim.
51. In consideration of the facts described herein, the Commission finds that the petitioner has
made claims that are not “manifestly groundless” or “obviously out of order” and that, if proven
true, could constitute violations of Articles 5, 7, 8, and 9 of the American Convention, in
connection with Articles 1(1) and 2 of such international instrument.
52. The Commission applies iura novit curiae principle regarding the knowledge and decision of
the alleged violation of article 25 of the Convention in connection with its articles 1(1) and 2.
53. In particular, the Commission believes it should point out that the facts of this petition are
fundamentally, although not exclusively, related to the alleged criminalization of the practice of
medicine, since the alleged victim was prosecuted and convicted for actions relating to his
profession as a physician, a situation that has already been analyzed and ruled on by the InterAmerican Court in its jurisprudence concerning the Peruvian State15 in a case which is similar to
the one at hand.
54. Since these aspects of the petition are not manifestly groundless or obviously out of order,
the Commission holds that the requirements set forth in Article 47(b) and (c) of the American
Convention have been met as regards this aspect of the claim.
V.
CONCLUSION
55. The Commission concludes that the case is admissible and that it has competence to examine
the petitioner’s claim regarding the alleged violation of Articles 5, 7, 8, 9 and 25 of the American
Convention, all in connection with the obligations arising from Articles 1(1) and 2 thereof.
56. In light of the foregoing arguments of fact and law, and without prejudging the merits of the
case,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES:
3. To declare the instant petition admissible as regards the alleged violation of rights enshrined
in Articles 5, 7, 8, 9 and 25 of the American Convention, all in conjunction with the obligations
arising from Articles 1(1) and 2 thereof.
4. To convey this report to the petitioners and to the State.
5. To continue with its analysis of the merits of the case.
15
I/A Court H. R., Case of De la Cruz Flores. Judgment of November 18, 2004, Series C No. 115.
9
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