the Convention, and not to establish whether there was such a
violation. This examination is a summary analysis that implies no
prejudgment or advanced opinion on the substance of the matter. The
Commission's Rules of Procedure, in establishing two clear stages of
admissibility and merits, reflects this distinction between the evaluation
that the Commission must reform in order to declare a petition
admissible and that required to establish a violation of human rights.
88.
In the present case, pursuant to Article 47.b of the
American Convention, the Commission considers that the arguments of
the petitioners are well founded and pertinent for determining, in an
examination of the merits, whether the facts constitute violations of the
American Convention.
89.
The Commission considers that petitioners' complaints
about the failure of the Province of Salta to implement a policy to
demarcate and award title to lands in a legal form that respects the
communities' way of life could, if proven, characterize violations of the
rights guaranteed in Article 8 (due process), 13 (freedom of thought and
expression) in connection with Article 23 (political rights), Article 21
(right to private property), and Article 25 (judicial protection), of the
American Convention, in relation with the general obligations enshrined
in Articles 1 and 2 of that treaty.
90.
Consequently, the IACHR does not find the petition to be
"manifestly groundless" or untimely. On the basis of the foregoing, the
Commission considers that the admissibility requirements of Article 47.b
and c of the American Convention are satisfied.
V.
CONCLUSION
91.
The Commission concludes that it is competent to
examine the claim submitted by the petitioners, pursuant to Articles 46
and 27 of the Convention
92.
By virtue of the arguments of fact and of law set forth
above, and without prejudging the merits of the case,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES:
1.
To declare the petition admissible as it relates to alleged
violations of the rights protected in Articles 8, 13 in connection with 23,
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