d.
Characterization of the violations
27. The Commission considers that prima facie the facts alleged by the petitioner tend to
establish violations of the American Convention at Articles 4, 5, 11, and 25, for possible
violations of the right to life, the right to humane treatment, the right to privacy, and the right
to judicial protection, all in connection with the State’s generic obligation to respect and ensure
the rights as established in Article 1(1) of the American Convention, to the detriment of Mr.
Damião Ximenes Lopes.
V.
CONCLUSION
28. The Commission concludes that it is competent to take cognizance of this case, and that
the petition meets the admissibility requirements, as per Articles 46 and 47 of the American
Convention.
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1. To declare, without pre-judging on the merits of this case, that the instant petition is
admissible with respect to the facts alleged in relation to Articles 4 (right to life), 5 (right to
humane treatment), 11 (right to privacy), and 25 (right to judicial protection), in conjunction
with Article 1(1) (obligation to respect the rights contained in the Convention).
2. To transmit this report to the State and the petitioner.
3. 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
the city of Washington, D.C., the 9th day of October 2002. (Signed): Juan Méndez; President,
Marta Altolaguirre; First Vice-President, Robert K. Goldman, Julio Prado Vallejo, and Clare K.
Roberts, Commission members.
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