General for interference in, taping, and publication of a telephone conversation between
him and his client, inter alia, did not take into account or weigh relevant evidence, nor
has criminal liability been established for the perpetrators of those acts;
iv. Article 2, considering the criminal code provisions on desacato, which have been
applied in the proceeding initiated into the complaint lodged by the Attorney General for
the criminal offenses of slander and libel against Mr. Tristán Donoso.
28. After analyzing the parties’ positions, the IACHR considers that the facts alleged tend to
establish violations of the Convention. Accordingly, the Commission concludes that the petition
meets the requirement of Article 47(b) of the Convention.
V.
CONCLUSIONS
29. Upon analyzing the instant case, the IACHR concluded that it is competent to take
cognizance of it, and it declared that the petition meets the admissibility requirements with
respect to the rights to privacy (Article 11(2)), a fair trial (Article 8), freedom of expression
(Article 13), and judicial protection (Article 25), all in connection with the generic duties of the
State to respect and ensure the rights enshrined in the American Convention (Article 1(1)),
and to adopt the measures necessary to give effect to the rights and freedoms provided for in
the Convention (Article 2).
30. Based on the foregoing arguments of fact and law, and without prejudging on the merits,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1. To declare this petition admissible with respect to the petitioners’ arguments regarding
alleged violations of Articles 1, 2, 8, 11, 13, and 25 of the American Convention.
2. To notify the parties of this decision.
3. To continue analyzing the merits.
4. To publish this decision and include it in its Annual Report to the OAS General Assembly.
Done and signed at the headquarters of the Inter-American Commission on Human Rights, in
the city of Washington, D.C., October 24th, 2002. (Signed): Juan E. Méndez, President; Marta
Altolaguirre, First Vice-President; José Zalaquett, Second Vice-President; Robert K. Goldman,
Julio Prado Vallejo, Clare K. Roberts, and Susana Villarán, Commissioners.
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