State is in fact responsible, by establishing clearly differentiated stages for examining the
admissibility and the merits of the petition.
54. Based on the facts presented by the petitioners, the IACHR considers that the allegations
regarding the eventual responsibility of government agents for the medical attention provided
to the alleged victim on May 25, 2004, just moments before her death, should be taken into
account during the analysis on the merits of case. Furthermore, the IACHR must determine
whether the State acted with due diligence in investigating the cause of Mrs. Chinchilla
Sandoval’s death. Therefore, the Commission considers that the petitioners have presented
allegations that are not “manifestly groundless” or "obviously out of order” and that, if proven
true, could constitute possible violations of Articles 4, 5, 8 and 25 of the American Convention
with regard to Article 1.1 of the same international instrument.
55. Since it is not evident from the record at this stage that the facts presented in the
complaint are groundless or obviously out of order, the Commission considers that the
requirements established in Article 47(b) and (c) of the American Convention have been met.
V.
CONCLUSIONS
56. The Commission concludes that the petition is admissible and that the Commission is
competent to examine the complaint lodged by the petitioners with regard to alleged violations
of Articles 4, 5, 8, and 25 of the American Convention with regard to Articles 1(1) and 2 of the
same instrument.
57. Based on the foregoing arguments in fact and in law, and without prejudging the merits of
the case,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES:
1.To declare this petition admissible, for the alleged violation of Articles 4, 5, 8, and 25 of the
American Convention with regard to Articles 1(1) and 2 of the same instrument.
2.To forward this report to the petitioners and to the State.
3.To continue with the analysis on the merits of the petition.
4.To publish this decision and to include it in its Annual Report to the General Assembly of the
OAS.
Done and signed in the city of Washington, D.C., on the 13th day of the month of November,
2009. (Signed): Luz Patricia Mejía Guerrero, President; Víctor E. Abramovich, First VicePresident; Felipe González, Second Vice-President; Sir Clare K. Roberts, and Paolo G. Carozza,
members of the Commission.
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