Declaration on the Rights and Duties of Man with regard to Maria Claudia and Maria Macarena
Gelman in the period prior from August 24, 1976 to April 19, 1985 or violation of Articles 4, 5
and 7 of the American Convention in conjunction with Article 1(1) in the period subsequent to
April 19, 1985.
46. Based on the factual and legal arguments given above and without prejudging the merits
of the case,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES:
1. To declare the instant petition admissible the rights to a fair trial and judicial protection
(Articles 8 and 25), in conjunction with Articles 1(1) and 2 of the American Convention, as
regards Juan Gelman and his family. At the same time, the Commission declares the petition
admissible regarding possible additional violations of the rights set forth in Articles 1(1), 3, 11,
17, 18 and 19 of the American Convention, as regards, Maria Macarena Gelman. In addition, if
the allegations are proven true, the State may be found responsible for violations of Articles I,
III, IV, V and XII of the Inter-American Convention on Forced Disappearance of Persons,
Articles 1, 6, 8 and 11 of the Inter-American Convention to Prevent and Punish Torture, and
lastly, Articles I, XVII, XVIII, XXV and XXVI of the American Declaration on the Rights and
Duties of Man, with regard to Maria Claudia and Maria Macarena Gelman for acts that occurred
during the period from August 24, 1976 to April 19, 1985, and Articles 4, 5, and 7 in
conjunction with Article 1(1) for acts that occurred subsequent to April 19, 1985.
2. To notify the parties of this decision.
3. To proceed with its analysis on merits.
4. To publish this decision and include it in its Annual Report to the OAS General Assembly.
Done and signed by the Inter-American Commission on Human Rights in Washington, D.C., on
the 9th day of the month of March 2007. (Signed) Florentín Meléndez, President; Paolo
Carozza, First Vice-President; Evelio Fernández Arévalos, Sir Clare K. Roberts, andFreddy
Gutiérrez, members of the Commission.
11
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