Upon review of the information submitted under the
admissibility requirements established in Articles 46 and 47 of the
American Convention, the Commission concluded that it has competence
to examine the complaint lodged, and that the petition is admissible
regarding alleged violations of the rights established in Articles 13, 22,
23, 8, and 25 of the American Convention, pursuant to the general
obligations established in Articles 1(1) and 2 therein. The Commission
will analyze the possible application of article 2 of the American
Convention by virtue of principle iura novit curia. The Commission also
concluded that the petition is inadmissible regarding the alleged
violation of the rights established in Article 11 and 24 of the
Convention. Therefore, the Commission decided to notify the parties, to
publish this Admissibility Report, and include it in its Annual Report.


The Commission received the petition on April 25, 2006
and assigned it number P-400-06. On June 1, 2006 the Commission
forwarded the petition to the State and gave it a deadline of two months
to present its observations. On September 5, 2006 the petitioner
presented updated information. This information was expounded upon
in messages received on September 7, 18, and 27, 2006.
On September 25, 2006 the Commission remitted the
aforementioned messages to the State while at the same time indicating
that: “The Commission observes that in case the judgment should be
executed before the IACHR has the opportunity to examine the merits of
the petition, its possible decision with regard to the merit could result in
the lack any useful effect. Consequently, the IACHR requests the
Government of your Excellency the adoption, without delay, of all the
necessary measurements to leave without effect the execution of this
judgment until the merits of the petition were completely decided by the
bodies of the inter-American system of Human Rights”. In that message
the Commission requested the State to submit information on such a
measure within the next 15 days.
The petitioner sent additional briefs in communications
received by the Commission on November 24, 2006 and April 4 and 12,
2007. These were remitted to the State on January 30 and May 15,
2007, respectively, with a deadline of one month for the State to submit
any observations.

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