D.
Duplication of proceedings
48.
Nothing in the case file suggests that the subject matter is pending in
another international proceeding for settlement or that it is substantially the same as
one previously studied by the Commission or by another international
organization. Therefore, the Commission considers that the requirements established
in 46(1) (c) and 47(d) have been met.
E.
Characterization of the facts alleged
49.
As the Commission has held in previous cases, at this stage of the
proceeding, it is not called upon to establish whether a violation of the American
Convention actually occurred. For admissibility purposes, the Commission must
determine only whether the petition states facts that, if proven, would establish
violations of rights protected by the American Convention, as Article 47(b) stipulates,
or whether a petition is “manifestly groundless” or “obviously out of order”, as Article
47(c) stipulates. The standard for assessing admissibility is different from the one used
to decide the merits of a petition. For admissibility, the Commission need only make a
prima facie analysis, which does not imply any prejudgment or preliminary opinion on
the merits. By distinguishing two clearly demarcated phases –one for admissibility and
the other for the merits- the Commission’s own Rules of Procedure reflect the
distinction between the assessment that the Commission must make for purposes of
declaring a petition admissible, and the one required to establish whether a violation
has in fact occurred.
50.
The petitioners point out that the complaint states facts that, prima
facie, would establish violations of their rights. They state that the law upon which the
dismissals were based violated their right of defense, as it not only prevented them
from gaining access to information that was important to understanding the evaluation
process, but also established outright that the findings of the evaluation were not
subject to appeal. They also point out that the law and other measures taken by the
executive branch of government to co-opt the judicial branch created a climate of
judicial insecurity and lack of judicial protection that prevented them from obtaining a
judicial solution, despite having turned to the courts. The petitioners also indicate that
the efforts the State made to redress some of the consequences of the violations in no
way affect the Commission’s jurisdiction to remain seized of the case.
51.
The State argues that the situation that the petitioners originally
denounced has changed considerably due to the fact that a number of the petitioners
voluntarily accepted some of the benefits that the State offered as a way of redressing
the ill-effects experienced by the dismissed employees. Therefore, by the State’s line
of reasoning, the point of the case that the Commission has under study would be
moot.
52.
The Commission considers pertinent to review this allegation, based on
the information supplied by the parties, and the decisions of the Commission and the
Court on the subject.
53.
First, the Commission recalls the case law that the Inter-American Court
introduced in the Case of the Gómez Paquiyauri Brothers vs. Peru where the Court
wrote that:
10