procedures requires only that he or she provide an account of the situation denounced as violative
of the Convention.
47. The State challenges the admissibility of the present petition on the basis that what it essentially
presents is a disagreement with the terms of the sentence issued at the national level, and
therefore falls within the so-called fourth instance doctrine. As the State correctly recalls in its
submissions, the Commission is not competent to act as a fourth instance or to review the findings
of national courts acting within the sphere of their competence and in accordance with due process.
However, the Commission is competent to review claims that would tend, if in accordance with
other requirements and shown to be true, to characterize a violation of the American Convention.
48. The Commission observes in this regard that a disagreement as to the quantity of compensation
awarded by national courts acting in accordance with due process and within the sphere of their
competence would not, in and of itself, provide a sufficient basis for an exercise of jurisdiction at the
international level. The quantity of compensation awarded would, in principle, normally be a
question for the judiciary of the state concerned. 8
49. The present petition raises additional claims which could, if proven, tend to characterize possible
violations of the American Convention. In this regard, the information and arguments presented
with respect to the approximately 13 years that elapsed between the filing of the judicial action and
its execution could, if proven, tend to characterize the violation of Article 8 of the American
Convention, insofar as the claimant had a right to be heard in the determination of a claim within a
reasonable time, and Article 25, insofar as he had a right to prompt access to judicial protection.
Additionally, the Commission will analyze the compatibility of the execution of the court judgment in
bonds presently redeemable for substantially less than face value with the terms of Article 25.2.c of
the Convention, which sets forth that States have a duty to ensure that judicial decisions are
enforced.
50. he Commission is also competent to analyze the situation denounced in light of the terms of
Article 19 of the American Convention, given that Sebastian Furlan was 14 years old at the time of
the accident and thus had the right to the special measures of protection required on behalf of
children. In this regard, the Commission will examine the facts alleged in relation to the State’s
duties of prevention and protection under Article 19, and Sebastian’s right to personal integrity
under Article 5. The Commission may also be called upon to examine the compatibility of the
standards that were applied in the adjudication of the duty of care by the national courts in light of
the special duties of protection required for minors under the American Convention.
51. Accordingly, the Commission finds in the present case that the petitioners have stated claims
which, if consistent with other requirements and shown to be true, could tend to establish the
violation of rights protected under the American Convention, more specifically, of Articles 5 (right to
personal integrity), 8 (right to judicial guarantees), 19 (rights of the child), 25 (right to judicial
protection) and 1.1 (obligation to respect and ensure rights).
V.
CONCLUSIONS
52. The Commission concludes that it is competent to take cognizance of the instant case and that
the petition is admissible, pursuant to Articles 46 and 47 of the American Convention.
8 See, for example, IACHR, Report Nº 39/96, Case 11.673, Argentina, Santiago Marzioni, October 15, 1996, paras. 4871.In that case, the Commission determined that a petition questioning the presumed differential in the amount of
compensation established under one jurisprudential approach and the higher amount awarded pursuant to a change in the
jurisprudence was a question of “fourth instance” that related exclusively to the application of domestic law without raising
a cognizable question under the American Convention.
9