52.
The Commission considers that the petitioner's allegations
relating to the violation of his rights to personal liberty, to a fair trial and
to judicial protection, if confirmed, could characterize a violation of the
rights protected by Articles 7, 8, 24 and 25 of the Convention taken in
relation to Articles 1(1) and 2 of that instrument. Moreover, there is no
evidence that the complaint submitted is groundless or that it is out of
order. Consequently, the Commission considers that the requirements of
Article 47(b) and (c) of the Convention are satisfied.
53.
With respect to the alleged violation of Article 10 of the
Convention, which protects the right to compensation for judicial error,
the Commission considers that the evidence at hand does not
characterize a violation of that right, because the petitioner was never
the subject of a final decision of conviction. However, the Commission
will deal with the question of compensation that might be due for the
prolonged deprivation of liberty to which the petitioner claims he was
subjected in its analysis of the merits.
54.
In his initial submission of September 9, 1997, the petitioner also
claimed violation of the rights protected by Articles 3, 5, 9, 11, 13, 16
and 22 of the American Convention. In his note of September 19, 1999,
he also held that the Government violated Articles 17 and 19 of the
Convention to the prejudice of his family. Nevertheless, in his
subsequent presentations, Mr. Jenkins made no allusion to such
violations by the Argentine State, nor did he provide any factual or legal
basis to demonstrate them. Consequently, the Commission concludes
from its analysis of the facts contained in the petition that they fail to
characterize such violations.
V.
CONCLUSION
55.
The Commission concludes that it is competent to examine the
case and that the petition is admissible, pursuant to Articles 46 and 47
of the American Convention.
56.
In light of the arguments of fact and law set forth above, and
without prejudging the merits,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
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