3.
Duplication of international proceedings and res judicata
40. It does not appear from the case files that the matter of the petition is pending settlement
in another international proceeding or that it has been previously decided by the InterAmerican Commission. It is therefore appropriate to consider the requirements established in
Articles 46(1)(c) and 47(d) as having been met.
4.
Characterization of the alleged facts
41. For the purposes of admissibility, the IACHR must determine whether the facts set forth in
the petition tend to establish a violation of the rights enshrined in the American Convention,
according to the requirement established in Article 47(b), or whether the petition, in
accordance with Article 47(c), should be denied as “manifestly groundless or obviously out of
order.”
42. The petition under consideration refers to alleged acts of arbitrary detention, torture, of
the brothers Renato and Hugo Ticona, as well as the later forced disappearance of Renato
Ticona, acts committed by agents of the Bolivian State to the detriment of the mentioned
presume victims. Also the petition refers to violations of rights enshrined in the American
Convention, to the detriment of Cesar Ticona, Honoria Estrada de Ticona, Hugo Ticona Estrada,
Rodo Ticona Estrada and Betzy Ticona Estrada, members of the immediate family of
RenatoTicona Estrada. The Commission considers that the statement of the petitioners refers
to acts which, if proven, could characterize violations of the rights established in Articles 3, 4,
5, 7, 8, 13, and 25 of the American Convention, and of the general obligations referred in
Articles 1(1) and 2 of that instrument. These acts could also constitute a violation of Articles I,
III, IV and XI of the Inter-American Convention on Forced Disappearance of Persons.
V.
CONCLUSIONS
43. The Inter-American Commission is of the opinion that it is competent to consider the
merits of the petition presented and that the case is in principle admissible, in accordance with
the requirements established in 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 admissible this petition regarding the alleged violation of Articles 1(1), 2, 3, 4, 5,
7, 8, 13, and 25 of the American Convention, and Articles I, III, IV and XI of the InterAmerican Convention on Forced Disappearance of Persons.
2. To notify the Bolivian State and the petitioner 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 12 day of October, 2005. (Signed:) Clare K. Roberts, President;
Susana Villarán, First Vice-President; Paulo Sérgio Pinheiro, Second Vice-President; and
Commissioners Evelio Fernández Arévalos, José Zalaquett, Freddy Gutiérrez, and Florentín
Meléndez.
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