57.
As has been noted previously, and taking into account its mandate and competence, the
Commission understands first of all that the matter at hand involves not the innocence or guilt of individual
persons but rather an analysis of the alleged international responsibility of the Ecuadorian State for actions or
omissions in connection with the international obligations it has assumed with respect to the Tagaeri and
Taromenani indigenous peoples. Thus, it again notes that it “is not competent to review judgments handed
down by national courts acting within the scope of their jurisdiction and observing due judicial guarantees,”12
nor can it “serve as an appellate court to examine alleged errors of internal law or fact that may have been
committed by the domestic courts acting within their jurisdiction.”13 However, as part of its mandate to ensure
observance of the rights provided for in the Convention, the Commission is necessarily competent to find a
petition admissible and examine the grounds thereof when it involves a domestic decision that is alleged to not
adhere to the principles of due process of the law or is an apparent violation of any other right protected by the
Convention. Second, the Commission acknowledges that in the case at hand the parties have presented
arguments on facts that supposedly occurred after the initial petition was presented. In view of the prima facie
analysis that is to be conducted during the present stage and taking into account that the State has had
procedural opportunities to respond to these arguments during the admissibility stage, the Commission
considers that said arguments are related to the subject and basis of the initial complaint presented by the
petitioners.
58.
In consideration whereof, the Commission believes that according to the information available
to it, the petitioners’ contentions are neither “manifestly groundless” nor “obviously out of order.”
Consequently, the IACHR holds that if the facts alleged by the petitioners are proven true, they could constitute
violations of the rights enshrined in Articles 4, 8, 19, 21, 24 and 25 26 of the American Convention, in
conjunction with Articles 1(1) and 2 thereof. Likewise, the Commission will consider at the merits stage the
possible application of Article 26 of the Convention, in the context of the allegations raised in this petition.
Consequently, the Commission finds that the requirements contained in Article 47(c) of the American
Convention have been met. At the same time, the IACHR finds that the petitioners have not offered arguments
of fact or of law to assert, at this stage in the proceedings, an alleged violation of Articles 3 and 23 of the
American Convention or of Articles XIII and XI of the American Declaration.
V.
CONCLUSION
59.
On the basis of the foregoing findings of fact and of law, and without prejudging the merits of
the matter, the Inter-American Commission concludes that this case meets the admissibility requirements set
forth in Articles 46 and 47 of the American Convention; therefore:
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES:
1.
To rule this petition admissible as regards Articles 4, 8, 19, 21, 24, 25 and 26 of the American
Convention, in conjunction with Articles 1(1) and 2 thereof.
2.
To declare this petition inadmissible as regards the alleged violations of Articles 3 and 23 of
the American Convention, and of Articles XIII and XI of the American Declaration.
3.
To notify the parties of this decision.
4.
To publish this decision and to include it in its Annual Report to the OAS General Assembly.
12 See, in general: IACHR, Report No. 101/00, Case 11.630 Arauz and Others (Nicaragua), October 16, 2000, in: Annual Report of
the IACHR, 2000, paragraph 56, citing: IACHR, Report No. 39/96, Case 11.673, Marzioni (Argentina), October 15, 1996, in: Annual Report
of the IACHR, 1996, paras. 50 and 51.
13 IACHR, Report No. 7/01, Case 11.716 Güelfi (Panama), February 23, 2001; Report No. 39/96, Case 11.673, Marzioni
(Argentina), October 15, 1996, in: Annual Report of the IACHR, 1996, paras. 50 and 51.
12