exceptions provided for by Articles 46(1) (c) and 47(d) of the American Convention are not
applicable.
4.
Characterization of the facts alleged
48. In the instant case, the petitioners contend that the State is responsible for alleged
violations of the rights to life, to personal integrity, to personal freedom, to due process, to the
protection of honor and dignity, equality under the law and judicial protection, of the rights of
the child, and of the right of women to a life free from violence, respectively guaranteed by the
American Convention and the Convention of Belém do Pará. The State, in turn, alleges that the
judicial process is in the stage of the investigation of the facts.
49. It is the opinion of the Commission that at this stage it is not appropriate to determine if
the alleged violations did or did not occur. For purposes of admissibility, the Commission must
decide whether the facts alleged tend to establish violations of the Conventions, as provided by
Article 47(b) of the American Convention. The criterion used to decide these issues is different
from the one required to decide on the merits of the complaint. The Commission must perform
a prima facie evaluation to decide whether the complaint has grounds establishing an apparent
or potential violation of a right guaranteed by the Convention. This determination constitutes a
primary examination that does not imply prejudgment on the merits of the case.
50. The allegations of the petitioners refer to facts that, should they be true, would constitute
violations of several rights guaranteed by the American Convention and the Convention of
Belém do Pará. The IACHR considers that the facts put forward require a more thorough and
complete examination of the petition at the merits stage.
51. It is the opinion of the IACHR that, should the facts be proven, they would constitute
violations of the rights of María Isabel Véliz Franco, guaranteed by Articles 8(1), 11, 19, 25 of
the American Convention, in connection with Article 1(1) of same. It likewise is of the opinion
that the facts put forward could constitute possible violations of Article 7 of the Convention of
Belém do Pará. In addition, the IACHR considers that the facts submitted could constitute
possible violations of Article 4 of the American Convention, with respect to the obligation to
guarantee rights provided for by Article 1(1) of said instrument.
52. Furthermore, it considers that the alleged facts would constitute possible violations to
Article 24 of the American Convention, in connection with Article 1(1) of said instrument. The
IACHR observes that the petitioners allege that the facts described have occurred in a context
of impunity toward violent acts by the administration of justice, which affect women
disproportionately as a group and promotes the repetition of these acts. Within this context of
impunity, attitudes from justice officials based on sociocultural discriminatory concepts that
affect mostly women are claimed. This pattern of impunity has been observed by the IACHR
Rapporteurship on the Rights of Women. 10
53.With respect to Rosa Elvira Franco Sandoval de Véliz, the Commission considers that,
should the facts be proven, they would constitute violations of the rights guaranteed by
Articles 5(1) and 11 of the American Convention. Furthermore, although the petitioners have
not invoked Articles 8(1) and 25 of the American Convention, by virtue of the iura novit
curiaprinciple, the Commission shall admit allegations referring to violations of Articles 5(1)
and 25 with respect to the mother of the alleged victim. All of these articles will be analyzed in
connection with Article 1(1) of the American Convention.
54. With respect to María Isabel Véliz Franco, it is the opinion of the IACHR that the facts
submitted in the petition do not provide sufficient grounds to constitute a violation of the right
to personal integrity, protected by Article 5 of the American Convention, or of the right to
personal freedom, protected by Article 7 of same.
10
IACHR, Press Release, No. 20/04, The IACHR Special Rapporteur evaluates the effectiveness of the right of women
in Guatemala to live free from violence and discrimination, September 18, 2004.
9