11
American Declaration, and therefore the petition is admissible on that point, under Article 47 .b of
the American Convention.
43.
In addition, w ith respect to the supposed incompatibility of Law No. 6.683/79 w ith
the American Convention, the concrete application of the amnesty law to the present case by virtue
of the October 13, 1992 judgment and subsequent proceedings, the alleged failure of the State to
duly investigate the facts, as w ell as the ongoing impunity w ith respect to the violations perpetrated
against the alleged victim, the IACHR determines that, if proved to be true, such claims could
constitute violations of Articles 1, 6, and 8 of the Inter-American Convention to Prevent and Punish
Torture as of July 20, 1989, and of Articles 8 .1 and 25 of the American Convention, in conjunction
w ith Articles 1.1 and 2 of the same treaty, as of September 25, 1992. Finally, the IA CHR reiterates
that in cases involving serious human rights violations, combined w ith the presumably ongoing
absence of a criminal investigation into the facts, alleged victims' family members can also find their
personal integrity compromised, by virtue of the resulting suffering, anguish, and frustration.
Therefore, the IACHR finds that the alleged victim' s next of kin are also alleged victims of possible
violations of Article 5.1 of the American Convention.
V.
CONCLUSION
44.
The Inter-American Commission concludes that it is competent to hear this case on
the merits, and decides that the petition is admissible in accordance w ith Articles 46 and 47 of the
American Convention. Based on the arguments in fact and in law set forth above, and w ith no
prejudgment on the merits of the matter,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES TO:
1.
Declare this petition admissible w ith respect to the alleged violation of the rights
protected in Articles I, IV, XVIII, and XXV of the American Declaration; Articles 5 .1, 8.1, and 25 of
the American Convention, in conjunction w ith Articles 1 .1 and 2 of the same instrument; and
Articles 1, 6, and 8 of the Inter-American Convention to Prevent and Punish Torture;
2.
Declaration;
Declare this petition inadmissible w ith respect to Article XXVI of the American
3.
Notify both parties of this decision;
4.
Continue w ith the analysis of the merits of the case; and
5.
Publish this decision and include it in its Annual Report to the General Assembly of
the Organization of American States.
Done and signed in the city of Washington, D.C., on the 8 day of the month of November,
2012. (Signed): José de Jesús Orozco Henríquez, President; Tracy Robinson, First Vice-President;
Felipe González, Second Vice-President; Dinah Shelton, Rodrigo Escobar Gil, Rosa María Ortiz, and
Rose-Marie Antoine, Commissioners.