a reasonable period. In that connection, the IACHR observes that the original petition was
received on June 27, 2003. The incidents complained of in the petition occurred over the
period from November 2001 to January 2003. The IACHR considers that the petition was
lodged within a reasonable period of time.
E.
Duplication of proceedings
41. Article 46(1)(c) of the Convention provides that admissibility of a petition by the
Commission requires that the subject of the petition or communication is not pending in
another international proceeding for settlement. Article 47(d) of the Convention also stipulates
that the Commission shall declare inadmissible any petition that is substantially the same as
one previously studied by the Commission or by another international organization.
42. From the statements of the Petitioners, it does not appear that the petition is pending in
any other international proceeding or forum, or that it is substantially the same as any
previously studied by the Commission or by another international organization. The
Commission therefore considers that in the instant case the requirements for admissibility in
Articles 46(1)(c) and 47(d) of the Convention have been met.
F.
Nature of the facts alleged
43. For purposes of admissibility, the IACHR has to determine whether the facts stated in the
petition tend to establish a violation of rights set forth in the American Convention, as required
under Article 47(b), or whether the petition must be dismissed as "manifestly groundless" or
"obviously out of order" under Article 47(c).
44. The standard by which to assess these extremes are different from the one needed to
decide the merits of a petition. The IACHR must do a prima facie evaluation, not to establish
the existence of a violation but rather to examine whether the petition states facts that tend to
establish a potential or apparent violation of a right guaranteed by the Convention. That
examination is a summary analysis that does not imply any prejudgment or advance opinion
on the merits of the petition. By establishing two clearly separate phases—one for admissibility
and the other for the merits—the Commission's own Rules of Procedure reflect the distinction
between the evaluation the Commission must make to declare a petition admissible, and the
evaluation required to establish a violation.
45. The Petitioners have made allegations, which, if proven to be true, would tend to
characterize violations of Articles 1(1), 2, 5, 8, 13, and 25 of the American Convention. The
allegations are not "manifestly groundless" or "obviously out of order." Therefore, without
prejudice to the merits of the case, the Commission considers that the requirements of Article
47(b) and (c) of the American Convention have been met with respect to Articles 1(1), 2, 5, 8,
13, and 25 of the Convention.
IV.
CONCLUSIONS
46. The Commission considers that it has competence to take cognizance of this petition and
that it is admissible as regards the requirements for admissibility contained in Articles 46 and
47 of the American Convention on Human Rights, and as regards the alleged violations of
Articles 1(1), 2, 5, 8, 13, and 25 of the American Convention.
47. On the basis of the aforementioned arguments as to facts and law, and without prejudice
to the merits of the case,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1. To declare the instant case admissible as regards the presumed violations of rights
protected by Articles 1(1), 2, 5, 8, 13, and 25 of the American Convention;
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