violation of a right protected by the Convention. This is a summary analysis, which does not
imply any prejudgment as to the merits of the dispute. The distinction between the
examination required for declaring admissibility and that required for determining a violation is
reflected in the IACHR's own rules of procedure, which clearly differentiate the stages of
admissibility and merits.
48. The petitioners' allegations refer to facts that, if true, would characterize violations of
several rights protected by the Convention. The IACHR considers that the facts set forth
deserve closer and fuller examination of the petition during the merits stage.
49. The IACHR considers that the facts, if proven, would characterize violations of the rights
protected in Articles 5, 7, 8 and 25 of the Convention, in connection with Article 1(1) of that
instrument, and of Articles 1, 6, 8 and 10 of the Inter-American Convention to Prevent and
Punish Torture. Therefore, the IACHR considers that the petitioners have demonstrated,prima
facie, the requirements of Article 47(b) of the American Convention.
V.
CONCLUSIONS
50. The Commission concludes that it is competent to consider the merits of the present case
and that the petition is admissible, pursuant to Articles 46 and 47 of the American Convention.
Based on the factual and legal arguments set forth above, and without prejudging the merits
of the case,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1. To declare the present case admissible with respect to alleged violations of the rights
recognized in Articles 5, 7, 8 and 25 of the American Convention, taken in connection with
Article 1(1) of that instrument, and Articles 1, 6, 8 and 10 of the Inter-American Convention to
Prevent and Punish Torture.
2. To notify the parties of this decision.
3. To continue with the analysis of the merits of the case.
4. To make this report public, and publish it in its Annual Report to the General Assembly of
the OAS.
Done and signed at the headquarters of the Inter-American
the city of Washington, D.C., this 27th day of February
President; Clare K. Roberts, First Vice-President; Susana
Commissioners Evelio Fernández Arévalos, Paulo Sergio
Florentín Meléndez.
10
Commission on Human Rights, in
2004. (Signed): José Zalaquett,
Villarán, Second Vice-President;
Pinheiro, Freddy Gutiérrez, and