9 rights. This determination represents a preliminary analysis that does not entail a prejudgment of the merits of the case. 39. In the instant case, the Commission notes that, if proven, the arguments presented by the petitioners regarding the alleged denial of justice to the detriment of the relatives of Mr. García Valle, allegedly caused by factual and legal obstacles that w ere apparently set up by agents of the State, could characterize a possible violation of Articles 8 and 25 as they relate to Article 1.1 of the American Convention, to the detriment of the relatives of Mr. García Valle. In addition, the IACHR feels that the alleged effects that the relatives of Mr. García Valle suffered as a result of the alleged denial of justice, if proven true, could characterize a possible violation of Article 5 of the American Convention as it relates to Article 1.1 thereof. Therefore, the Commission considers the requirements established in Articles 47.b and c of the American Convention to have been met. 40. The IACHR concludes that the petitioners have not submitted evidence to indicate potential responsibility of the State under Articles 4 and 11 of the American Convention. V. CONCLUSIONS 41. The Commission concludes that it is competent to hear the complaint submitted by the petitioners and that the petition is admissible, in accordance w ith Articles 46 and 47 of the American Convention, w ith respect to the alleged violation of Articles 5, 8, and 2 5 of the American Convention as they relate to Article 1.1 thereof, to the detriment of the relatives of Mr. García Valle. 42. The Commission decides to declare this petition inadmissible w ith reference to alleged violations of Articles 4 and 11 of the American Convention. 43. Based on the factual and legal arguments presented above and w ithout prejudging the merits of the case, THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, DECIDES: 1. To declare this petition admissible w ith reference to the alleged v iolations of rights protected in Articles 5, 8, and 25 as they relate to Article 1.1 of the American Convention. 2. To declare this petition inadmissible w ith reference to the allegations regarding violations of Articles 4 and 11 of the American Convention. 3. To transmit this report to the petitioners and to the Nicaraguan State. 4. To continue w ith analysis of the merits of the case. 5. of the OAS. To publish this decision and include it in its Annual Report to the General Assembly Done and signed in the city of Washington, D.C., on the 1st. day of the month of November 2010. (Signed): Felipe González, President; Dinah Shelton, Second Vice-President; María Silvia Guillén, José de Jesús Orozco Henríquez, and Rodrigo Escobar Gil, Members of the Commission.. 9

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