regarding recent measures taken by the State or progress that would lead to clarification of
the facts and to punishing those responsible. The Guatemalan State confines itself to
mentioning that the case is in the investigation stage, but does not present specific information
that would allow the conclusion that the investigation has the suitability and effectiveness
needed to clarify the facts.
34. The Commission establishes, for purposes of admissibility, that there has been an
unwarranted delay on the part of Guatemalan authorities regarding the facts reported. As a
result, the exception to the exhaustion of domestic remedies provided in Article 46.2.c of the
American Convention is applicable.
C.
Deadline for submitting the petition
35. Regarding the requirement indicated in Article 46.1.b of the Convention according to which
the petition must be submitted within a period of six months of when the victim is notified of
the final decision that exhausted the domestic remedies, the Commission feels that that
deadline is not applicable either because the petition was submitted within a reasonable period
as indicated in Article 32.2 of its Rules of Procedure for cases in which no final decision has
been handed down prior to submission of the petition.
D.
Duplication of proceedings and international res judicata
36. The case file does not indicate that the subject of the petition is pending settlement in any
other international proceeding or that it reproduces a petition already examined by this or any
other international body. Therefore, it is appropriate to rule that the requirements established
in Articles 46.1.c and 47.d of the Convention have been met.
E.
Characterization of the alleged facts
37. The Commission feels it is not appropriate at this stage of the proceeding to decide
whether or not the alleged violations occurred to the detriment of the alleged victims. For
purposes of admissibility, at this point the IACHR must only decide whether facts have been
presented that, if proven, would tend to establish violations of the American Convention, as
stipulated in Article 47.b thereof, and whether the petition is “manifestly groundless" or
“obviously out of order,” in accordance with paragraph (c) of the same article.
38. The standard for assessing these points is different from that required to rule on the merits
of a complaint. The IACHR must perform a prima facie evaluation and determine whether the
complaint provides the basis for the apparent or potential violation of a right guaranteed by
the American Convention, but need not establish the existence of that violation.2 At this stage,
it should perform a summary analysis that does not involve any prejudgment or advance
opinion on the merits. The IACHR Rules of Procedure themselves, by establishing an
admissibility phase and a merits phase, reflects this distinction between the evaluation that the
Inter-American Commission must carry out to declare a petition admissible and that required
to establish whether a violation attributable to the State has been committed.3
39. In this respect, the IACHR feels that the facts alleged regarding Florentín Gudiel Ramos,
should they be true, would tend to establish a potential violation of the rights guaranteed in
Article 4 of the American Convention, consistent with the general obligation to respect and
guarantee rights as provided in Article 1.1 of that international instrument. In addition, it
decides to declare the case admissible regarding the alleged violation of the rights established
2
See IACHR, Report No. 128/01, Case 12.367, Mauricio Herrera Ulloa and Fernán Vargas Rohrmoser of “La Nación”
Newspaper (Costa Rica), December 3, 2001, para. 50; Report No. 4/04, Petition 12.324, Rubén Luis Godoy
(Argentina), February 24, 2004, para. 43; Report No. 32/07, Petition 429-05, Juan Patricio Marileo Saravia et al.
(Chile), April 23, 2007, para. 54.
3
See IACHR, Report No. 31/03, Case 12.195, Mario Alberto Jara Oñate et al. (Chile), March 7, 2003, para. 41; Report
No. 4/04, Petition 12.324, Rubén Luis Godoy (Argentina), February 24, 2004, para. 43; Petition 429-05, Juan Patricio
Marileo Saravia et al. (Chile), April 23, 2007, para. 54; Petition 581-05, Víctor Manuel Ancalaf Llaupe (Chile), May 2,
2007, para. 46.
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