41. Nothing in the case file suggests that the subject of the petition is pending in another
international proceeding for settlement or that it is substantially the same as one previously
studied by the Commission or another international body. Thus, the Commission considers that
the requirements established in Articles 46(1)(c) and 47(d) of the Convention have been met .
4.
Characterization of the facts alleged
42. The Commission considers that the petitioners’ allegations regarding violation of the right
to life, the right to humane treatment, the right to personal liberty, the right to judicial
guarantees, the right to have one’s honor respected and dignity recognized, freedom of
association, the rights of the family, the right to freedom of movement and residence and the
right to judicial protection, could tend to establish violations of the rights protected in articles
4, 5, 7(1), 7(3), 8(1), 11(2), 16, 17, 22(1) and 25 of the American Convention, all in relation
to Article 1(1) thereof, i.e. the State’s duty to ensure, and the acts and omissions of its agents
vis-à-vis the actions of third parties. The Commission does not find these claims to be either
baseless or manifestly out of order, and therefore considers the requirements established in
Articles 47(b) and (c) of the American Convention have been met.
43. As to the claims asserting an alleged violation of Article 27 of the American Convention,
the petitioners point to the state of internal disturbance that the President of the Republic had
decreed on the date the facts were said to have occurred. The petitioners are alleging violation
of the Article 27 restriction against suspension of non-derogable rights. In the merits phase,
the Commission will decide whether the State’s international obligations vis-à-vis this article
need to be examined.
V.
CONCLUSIONS
44. The Commission concludes that it is competent to examine the claims made by the
petitioners with regard to the alleged violation of articles 5(1), 7(1), 7(3), 8(1), 11(2), 16,
17(1), 22(1) and 25, all in relation to Article 1(1) of the American Convention and to the
detriment of María del Socorro Mosquera Londoño, Mery del Socorro Naranjo Jiménez and Ana
Teresa Yarce and their next of kin, Article 4 of the American Convention, in relation to Article
1(1) thereof and to the detriment of Ana Teresa Yarce. It also finds that the petition is
admissible under the rules set forth in Articles 46 and 47 of the American Convention.
45. Based on the foregoing arguments of fact and of law, and without prejudging the merits of
the case,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES:
1. To declare the present petition admissible with regard to articles 4, 5(1), 7(1), 7(3), 8(1),
11(2), 16, 17(1), 22(1) and 25 of the American Convention, all in relation to Article 1(1)
thereof.
2. To notify the Colombian State and the petitioners of this decision.
3. To proceed to the analysis of the merits of the petition.
4. To publish this decision and include it in its Annual Report to the OAS General Assembly.
Done and signed in the city of Washington, D.C., on the 23 rd day of the month of July, 2007.
(Signed): Florentín Meléndez, President; Paolo G. Carozza, First Vice-President; Víctor E.
Abramovich, Second Vice-President; Evelio Fernández Arévalos, Sir Clare K. Roberts, and
Freddy Gutiérrez, Commissioners.
8
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