a domestic court decision issued without due process or whether it violates any other right
guaranteed by the American Convention.17
38.
It is the opinion of the Commission that the arguments made regarding the
alleged violation of the right to freedom of expression could characterize a possible violation
of the right protected under Article 13 of the American Convention as they relate to Article
1(1) thereof. In order to be resolved, such arguments require an analysis of the merits of the
case.
39.
With respect to the complaint regarding the alleged violation of the right
protected under Article 24 of the American Convention, it is the opinion of the Commission
that the petitioner has not provided sufficient grounds and therefore this portion of the petition
is inadmissible. Notwithstanding, these arguments could be considered by the Commission in
the analysis of the merits of the alleged violation of the right protected under Article 13 of the
Convention.
40.
Finally, although the petitioner did not make this allegation, in accordance with
the principle of iura novit curia, the Commission also declares this petition admissible with
respect to Article 2 of the American Convention, in that the use of criminal charges to sanction
the dissemination of information of public interest could characterize a violation of the duty
to adopt provisions under domestic law.
V.
CONCLUSION
41.
The IACHR concludes that it is competent to hear this petition and that it
satisfies the requirements for admissibility in accordance with Articles 46 and 47 of the
American Convention and Articles 30, 37 and related articles of its Rules of Procedure.
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES:
1.
To declare this petition admissible with respect to the alleged violations of the
right enshrined in Article 13 as it relates to Articles 1(1) and 2 of the American Convention
on Human Rights and to declare inadmissible the complaint regarding article 24 of same.
2.
3.
Assembly.
To submit this report to the State and to the petitioner.
To publish this decision and include it in its Annual Report to the OAS General
Done and signed in the city of Washington, D.C., on the 24th day of the month of July,
2007. (Signed): Florentín Meléndez, President; Paolo G. Carozza, First Vice-President; Víctor
E. Abramovich, Second Vice-President; Evelio Fernández Arévalos, Sir Clare K. Roberts, and
Freddy Gutiérrez, Commissioners.
See IACHR, Report N° 1/03, Case 12.221, Jorge Omar Gutiérrez, Argentina, February 20, 2003,
paragraph 46, citing Report N° 39/96, Case 11.673, Marzioni, Argentina, October 15, 1996, paragraphs
5017
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