10
provided by Article 47(b) thereof, and w hether the petition is “ manifestly groundless” or “ obviously
out of order,” as indicated in section (c) of that same article.
52.
The level of conviction regarding those standards is different from that w hich applies
in deciding on the merits of a complaint The Committee has to make a prima facie assessment and
determine w hether the petition tends to establish violation of a right guaranteed by the Convention,
not w hether it actually establishes said violation. 2 At this stage, w hat is called for is a summary
analysis that implies no prejudgment or advance opinion on the merits. The Rules of Procedure of
the Inter-American Commission, by establishing separate phases for admissibility and merits,
reflects that distinction betw een the evaluation the Inter-American Commission is to conduct in
order to rule a petition admissible and the examination needed to determine w hether a violation for
w hich the State is responsible w as committed. 3
53.
Neither the American Convention nor the IACHR Rules of Procedure require a
petitioner to identify the specific rights allegedly violated by the State in the matter brought before
the Commission, although petitioners may do so. It is for the Commission, based on the
system' s jurisprudence, to determine in its admissibility report w hich provisions of the relevant InterAmerican instruments are applicable and could be found to have been violated if the alleged facts
are proven by sufficient elements.
54.
In this regard, the IACHR believes that the claims regarding the alleged victims, if
proven, could tend to establish violations of the rights guaranteed by Articles 5, 7, 8, 11, and 25 of
the American Convention, in conjunction w ith Articles 1(1) and 2 thereof. In addition, it believes
that the claims made regarding the discriminatory nature of the sexual violence purportedly
perpetrated against the alleged victims, together w ith the treatment they received w hile under arrest
and, later, as complainants, could tend to establish a violation of Article 24 of the American
Convention, in conjunction w ith Articles 1 (1) and 2 thereof. Similarly, the IACHR believes that the
alleged facts could tend to establish violations of Article 7 of the Convention of Belém do Pará. The
IACHR further decides to rule the case admissible as regards the alleged violation of the rights
enshrined in Articles 1, 6, and 8 of the Inter-American Convention to Prevent and Punish Torture.
V.
CONCLUSIONS
55.
The Commission concludes that it has competence to examine the merits of this
case and that the petition is admissible under Articles 46 and 47 of the American Convention, and it
decides to continue w ith its analysis of the merits regarding the alleged violation of Articles 5, 7, 8,
11, 24, and 25, in conjunction w it h Articles 1(1) and 2 thereof, and of Article 7 of the Convention
of Belém do Pará, w ith respect to Mariana Selvas Gómez, Georgina Edith Rosales Gutiérrez, María
Patricia Romero Hernández, Norma Aidé Jiménez Osorio, Claudia Hernández Martínez, Bárbara Italia
Méndez Moreno, Ana María Velasco Rodríguez, Yolanda Muñoz Diosdada, Cristina Sánchez
Hernández, Patricia Torres Linares, and Suhelen Gabriela Cuevas Jaramillo. The IACHR further
decides to rule the case admissible as regards the alleged violation of the rights enshrined in Articles
1, 6, and 8 of the Inter-American Convention to Prevent and Punish Torture.
2
See: IACHR, Report No. 128/01, Case 12.367, Mauricio Herrera Ulloa and Fernán Vargas Rohrmoser of La Nación
New spaper (Costa Rica), December 3, 2001, para. 50; Report No. 4/04, Petition 12.324, Rubén Luis Godoy (Argentina),
February 24, 2004, para. 43; Report No. 32/07, Petition 429 -05, Juan Patricio Marileo Saravia and Others (Chile), April 23,
2007, para. 54.
3
See: IACHR, Report No. 31/03, Case 12.195, Mario Alberto Jara Oñate and Others (Chile), March 7, 2003, para. 41;
Report No. 4/04, Petition 12.324, Rubén Luis Godoy (Argentina), February 24 2004, para. 43; Petition 429 -05, Juan Patricio
Marileo Saravia and Others (Chile), April 23, 2007, para. 54; Petition 581-05, Víctor Manuel Ancalaf Llaupe (Chile), May 2,
2007, para. 46.