7 arose out of unlawful arrests. The petitioners indicate that the practice of arrest for “suspicious behavior” is widespread and opens the door to the abuse of police power. 44. For its part, the State did not argue the admissibility of the Tumbeiro case. With respect to the Fernández Prieto case, it contended that the arrest had been made lawfully and that Mr. Fernández Prieto had enjoyed all judicial guarantees. It claimed that the petitioners would have the Commission act as a fourth instance of appeal for a domestic judgment that was unfavorable to Mr. Fernández Prieto, and that the petition should therefore be declared inadmissible. 45. The Commission finds that, if proven, the facts alleged by the petitioners could tend to establish violations of Articles 7 (personal freedom), 8 (fair trial), and 25 (judicial protection), of the American Convention in conjunction with Articles 1(1) (obligation to respect and ensure rights) and 2 (duty to adopt domestic legal measures) of that instrument. 46. The Commission further concludes that the information submitted by the parties does not provide sufficient evidence to infer the alleged characterization of violations of Article 11 of the Convention by the Argentine State. V. CONCLUSIONS 47. The Commission concludes that it is competent to hear the case before it and that the petition is admissible under Articles 46 and 47 of the American Convention. 48. of the matter, On the basis of the foregoing findings of fact and of law, and without prejudging the merits THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS DECIDES: 1. To declare the case before it admissible with respect to the alleged violations of Articles 7, 8, and 25, in conjunction with Articles 1(1) and 2 of the American Convention. 2. To declare the petition inadmissible with respect to the alleged violations of Article 11 in conjunction with Article 1(1) of the American Convention. 3. To notify this decision to the parties. 4. To continue its analysis of the merits of the case. 5. of the OAS. To make this report public and to publish it in its Annual Report to the General Assembly Done and signed in the city of Washington, D.C., on the 19th day of the month of March, 2012. (Signed): José de Jesús Orozco Henríquez, President; Tracy Robinson, First Vice-President; Felipe González, Second Vice-President; Dinah Shelton, Rodrigo Escobar Gil, Rosa María Ortiz and Rose-Marie Antoine, Commissioners.

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