6
35.
The petitioner argues that since Vicente Ariel Noguera was 15 years old at the time of his
recruitment, this violated the provision on the rights of the child established in Article 19 of the American
Convention. The Commission notes that when the facts occurred, Paraguayan legislation permitted
recruitment of people under the age of 18 in the armed forces. In this regard, and by virtue of the iura novit
curia principle, in the merits phase the Commission will analyze whether the facts could constitute violations
of the obligation to adopt domestic legislation as established in Article 2, in connection with Article 1.1 of the
Convention.
36.
The petition also states that the complaint regarding the death of Vicente Ariel Noguera
was filed with the appropriate jurisdictional authorities on January 17, 1996, and that in November 2002 its
non-definitive archiving was ordered, so more than 15 years have elapsed with no clarification of the facts.
The petition says there was no serious, effective, and impartial investigation of the case, which could
constitute a violation of the provisions of Articles 8 and 25 of the American Convention. In application of the
iura novit curia principle, the Commission considers that if denial of justice were proved, it would tend to
establish violations of the personal integrity of the alleged victim’s family members, under the terms of
Article 5 of the Convention.
37.
The Commission concludes that in this case the petitioner has made allegations that, if
they satisfy other requirements and are proved to be true, tend to establish a violation of rights protected
by the American Convention; specifically, those set forth in Articles 4, 5, 8, 19, and 25, in connection with
Articles 1.1 and 2 of the American Convention.
V.
CONCLUSIONS
38.
The Commission concludes that the case is admissible and it has competence to consider
the petitioner’s allegations regarding the alleged violation of the rights established in Articles 4, 5, 8, 19,
and 25 of the American Convention, all in connection with the obligations established in Articles 1.1 and 2
of that international instrument.
39.
Based on the foregoing arguments of fact and law, and without prejudging the merits of the
case,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1.
To declare the petition admissible with respect to the rights guaranteed in Articles 4,
5, 8, 19, and 25 of the American Convention, in connection with the obligations established in Articles 1.1
and 2 of that treaty.
2.
To transmit this report to the petitioner and the State.
3.
To continue with the analysis of the merits of the case.
4.
To publish this decision and include it in the Commission’s Annual Report to the
General Assembly of the Organization of American States.
Done and signed in the city of Washington, D.C., on March 22, 2011. (Signed): Dinah Shelton,
President; José de Jesús Orozco Henríquez, First Vice-President; Rodrigo Escobar Gil, Second VicePresident; Paulo Sérgio Pinheiro, Luz Patricia Mejía Guerrero, Felipe González, and María Silvia Guillén,
members of the Commission.