Commission received any information indicating the existence of any
such situation, and it does not consider it to reproduce the petition or
communication in any other matter previously examined by it,
accordingly, it considers that the requirements of Articles 46(1)(c) and
47(d) of the Convention have been satisfied.
4.
Characterization of the facts alleged
40.
In the instant case, the Commission considers that this is not the
procedural phase for deciding whether the alleged violations of the
rights of the alleged victim to life, freedom of expression, a fair trial,
and judicial protection occurred. For the purposes of admissibility, the
IACHR at this time need only determine whether facts are stated which,
if proven, tend to establish violations of the Convention, as stipulated by
Article 47(b) of the American Convention, and whether the petition is
“manifestly groundless” or “obviously out of order,” per Article 47(c).
41. The standard of appreciation of these rules is different from that
required to make a decision on the merits of a complaint. The IACHR
must perform a prima facie evaluation to determine whether the
complaint lays the foundation for the apparent or potential violation of a
right guaranteed by the Convention, but not to establish the existence
of such a violation. The examination that must be done at this time is
simply a summary analysis that does not imply any prejudgment or
initial opinion on the merits. The Commission’s Rules of Procedure, on
establishing two clear stages of admissibility and merits, reflects this
distinction between the evaluation that the Commission must make for
the purposes of declaring a petition admissible and that required for
establishing a violation.
42.
The Commission notes that a judgment of acquittal per se does
not constitute a violation of any of the rights provided for in the
American Convention. Nonetheless, the Commission observes that the
failure to investigate on the part of the Colombian State entails a
situation of impunity that could tend to establish a violation of Articles 8
and 25, and a breach of the obligation to ensure set forth at Article 1(1).
43.
In the opinion of the Commission the arguments presented by the
State require, to be resolved, an analysis on the merits. Similarly, the
Commission considers that the petitioner’s allegations regarding the
supposed violation of the rights to life, freedom of expression, and
judicial protection, if proven, may tend to establish a violation of the
rights guaranteed by Articles 4, 8, 13, and 25 of the American
Convention in relation to its Article 1(1).
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