case, neither party has argued that either of those reasons for
inadmissibility exist, nor can that be inferred from the case file.
E.
Characterization of the alleged facts
71.
For the purpose of admissibility, the Commission must
determine if the petition states facts that tend to establish a violation of
rights as established in Article 47.b of the American Convention, if the
petition is “manifestly groundless” or if it is “obviously out of order,” as
established in paragraph c of the same article. The standard to evaluate
these limits is different than the standard required to decide on the
merits of a complaint. The Commission must do a prima facie evaluation
to examine if the complaint provides grounds to sustain the apparent or
potential violation of a right guaranteed by the Convention but not to
establish that a violation has occurred. That evaluation is a summary
analysis which does not imply prejudging or advancing an opinion on the
merits.
72.
The Peruvian State argued that the facts that motivated the
petition do not subsist because they were resolved by the Constitutional
Court on May 10, 2001. From the information contained in the case file,
the Commission notes that the decision cited by the State determined
that the enforcement of judgment process was the appropriate legal
avenue to remedy the petition. At the same time, it was decided to
return the case to the State which, by judicial order, was required to
direct the appropriate authorities to enforce the judgment. 12 Almost nine
years have elapsed since that decision was issued and, to this date, the
enforcement of judgment process has not been closed. The petitioners
continue to allege that the amparo judgment in their favor has not been
enforced. The Commission considers that the State’s argument is
without grounds and that the available information clearly shows that
the facts that motivated the petition subsist to this date.
73.
In that respect, the Commission considers that if the
alleged facts were true, these could constitute a violation of the rights
enshrined in Articles 21 13, 8 and 25 of the American Convention, with
12 Constitutional Court. Judgment dated May 10, 2001. Doc. No. 104-2001-AA/TC.
13]The Commission considers that if it were proven that the alleged non-enforcement
of judgment prevented the alleged victims to have access to effective recourse with
regard to their property rights, especially with regard to the pensions adjusted in
accordance with the system they were regulated by, the facts could constitute violation
of the right to property. See: I/A Court H.R., Case of the “Five Pensioners”. Judgment
of February 28, 2003. Series C No. 98
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