the American Convention, as stipulated in Article 47(b) of this
instrument, and whether the petition is or is not “manifestly
groundless” or “obviously out of order,” as stipulated under Article
47.c.
31.
The standard for assessing these requirements differs
from the requirements for deciding the merits of a petition. The IACHR
must do a prima facie assessment to determine whether the petition
states facts that tend to establish a possible violation of a right
guaranteed by the Convention, but not to establish the existence of a
violation. At this stage, it is a summary analysis and does not imply a
prejudgment of the merits or advance any opinion thereon. 5 The
present petition describes a possible violation of such basic rights as
the right to life, the right to humane treatment, and the right to a fair
trial, to the detriment of the alleged victim, committed by private
individuals in complicity with or with the acquiescence of the local
authorities. Therefore, the Commission must undertake to examine
the petition.
32.
The Commission does not find that the petition is
“manifestly groundless” or “obviously out of order.” It therefore
considers that, prima facie, the petitioners have satisfied the
requirements established in Article 47.b and c. However, the nature of
the described facts lead this body to conclude that the potential
violation of Article 5 of the American Convention, is subsumed in this
occasion in Article 4 of the same Treaty. Because of that matter, the
allegation that the first of these norms was violated has to be declared
inadmissible.
33.
Based on the information provided by the petitioners,
and without prejudging the merits of the case, the IACHR concludes
that the petition contains allegations of fact that, if proven, would
establish violations of the right to life, right to humane treatment, right
to a fair trial and right to judicial guarantees, protected under Articles
4, 8, 25 and 1.1 of the American Convention since, prima facie, the
factual description of the situation has credibly established that the
case involves a possible violation of the rights under those Convention
Articles. Now, it has to be clarified that the potential violation of the
rights protected by the alleged norms, are referred to Mr. Manoel Luiz
Da Silva in relation to Article 4 of the American Convention, and to his
forced heirs in relation to Articles 8 and 25 of the same instrument.
34.
The possible violations will be examined in relation to the
general obligations undertaken in Articles 1.1 and 2 of the American
Convention.
5 IACHR, Report No. 21/04, Petition 12.190, Admissibility, José Luis Tapia González
et al., Chile, February 24, 2004, para. 33.
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