personal liberty, and the guarantees of due process and judicial protection, could
characterize a violation of the rights guaranteed in Articles 3, 4, 5, 7, 8, and 25,
considered together with Article 1(1), of the American Convention. Since these
aspects of the petition are not manifestly without a basis or grounds, the Commission
considers that the requirements established in Articles 47(b) and (c) of the American
Convention have been satisfied.
35.
The Commission concludes that it is competent to consider the
complaints filed by the petitioners regarding the alleged violation of Articles 3, 4, 5,
7, 8, and 25, considered together with Article 1(1) of the American Convention, to
the detriment of Oscar Iván Tabares Toro and his family, and that they are
admissible, in accordance with the requirements established in Articles 46 and 47 of
the American Convention.
V.
CONCLUSION
36. The Commission concludes that it is competent to consider this matter
and that the petition is admissible, pursuant to Articles 46 and 47 of the American
Convention. On the basis of the factual and legal arguments set forth in this report,
and without prejudging the merits of the matter,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1.
To declare the present case admissible, as it pertains to possible
violations of Articles 1(1), 3, 4, 5, 7, 8, and 25 of the American Convention on Human
Rights.
2.
To notify the parties of this decision.
3.
To continue with an analysis of the merits of the case.
4.
To publish this decision and include it in its Annual Report to the OAS
General Assembly.
Done and signed at the headquarters of the Inter-American Commission on
Human Rights in Washington, D.C., on the 13th day of October, 2005. (Signed):
Clare K. Roberts, President; Susana Villarán, First Vice-President; Paulo Sérgio
Pinheiro, Second Vice-President; Evelio Fernández Arévalos, José Zalaquett, Freddy
Gutiérrez, and Florentín Meléndez, Commissioners.
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