constitute a violation of the Convention, pursuant to Article 47(b), and whether the
petition is “manifestly groundless” or “obviously out of order,” pursuant to
subparagraph (c) of that article. The standard for assessing these extremes is different
from that for deciding on the merits of the complaint. At the present stage, the IACHR
must perform a prima facie evaluation that does not involve a prior judgment or
advanced opinion on the merits. The Commission’s Regulations reflect this distinction
between the evaluation that must be performed to declare a petition admissible and
that required to determine whether the State was responsible, by establishing clearly
differentiated stages for studying the admissibility and the merits of the case.
39.
The petitioners state that the petition presents facts that, prima facie,
characterize violations of their rights. They say that the legislation on which the
dismissals were based violated their right of defense by preventing them not only from
gaining access to important information from the evaluation process, but also firmly
established that the results of that evaluation could not be appealed. They say that
due to that legislation and to other actions taken by the Executive Branch to co-opt the
judiciary, a climate of failure to provide legal protections and of legal uncertainty was
created, preventing them from receiving a judicial remedy even though they had
turned to the courts. The petitioners also say that the State’s attempts to provide
reparations for some of the consequences of the violations did not in any way affect
the Commission’s competence to continue processing the case.
40.
The State argues that the situation originally denounced by the
petitioners had changed substantially because several of the petitioners voluntarily
accepted some of the benefits offered by the State as a means of providing reparations
for the detrimental effects of the dismissals. The State argues therefore that the
subject of the matter being studied by the Commission was now abstract.
41.
The Commission considers that it should examine that argument,
based on the information obtained by the parties and decisions by the Commission and
the Inter-American Court on the matter.
42.
The Commission bears in mind the doctrine of the Inter-American
Court, begun in the case of the Gómez Paquiyauri Brothers v. Peru in which the Court
stated that:
the international responsibility of the State arises immediately with the
internationally unlawful act attributed to it, even though it can only be enforced
after the State has had an opportunity to make reparation for it by its own
means. A possible subsequent reparation carried out under domestic law does
not keep the Commission or the Court from taking cognizance of a case that has
already been initiated under the American Convention. 17
43.
Indeed, the violations of the American Convention alleged by the
petitioners would have been committed starting in January 1996; however the petition
was lodged with the Commission before the State issued the regulations it cites as the
source of compensation for the petitioners. Consequently, the Commission can hear
the matter in order to determine whether or not the State committed an internationally
unlawful act and, if so, its international responsibility is enforceable based on if it had
the opportunity to provide reparations for the damage and what measures it took in
that regard.
17 I/A Court H.R., Case of the Gómez Paquiyauri Brothers. Judgment of July 8, 2004, para. 75.
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