exclusively establish the requirements whereby a petition may be declared admissible or
inadmissible, but do not impose on the Commission the obligation to determine which rights
will subject to the proceedings. Indeed, Article 48 of the Convention allows the Commission,
after the petition has been admitted, if necessary, “to carry out an investigation, for the
effective conduct of which [it shall] request, and the States concerned shall provide, all
necessary facilities.”45 In this regard, the Court considers that the rights specified in the
Report on Admissibility are the result of a preliminary assessment of the petition in
progress, hence the possibility of including other rights or articles allegedly violated at
subsequent stages of the proceedings is not limited, provided that the State’s right to
defend itself is protected in the factual background of the case under consideration.
53.
Furthermore, the possibility of changing or altering the legal description of the facts
of a specific case is permitted in the context of a process before the Inter-American System.
This is evident in the Court’s consistent case law, which allows alleged victims and their
representatives to invoke the violation of rights other than those included in the petition or
in the report on merits, provided that these are related to the facts contained in said
document, given that the alleged victims are entitled to all the rights enshrined in the
Convention.46
54.
Similarly, the Court reiterates the points made in the case of the Moiwana
Community v. Suriname, in which the State at one time argued, as a preliminary objection,
that its right to defend itself was infringed given that the Commission “determined other
violations different from those for which the case was admitted.” In that case the Court
indicated that the Commission’s conclusions regarding alleged violations of the American
Convention are not binding upon the Court. 47 Similarly, in the case of Apitz Barbera et al. v.
Venezuela the Court indicated that “the decisions on inadmissibility that the Commission
takes based on Article 47 b) and c) of the Convention are prima facie juridical assessments
that do not limit the Court’s competence to rule on a point of law that the Commission has
only analyzed in a preliminary manner.” 48
55.
Secondly, the Court reiterates that the principle of iura novit curia, which is solidly
supported by international case law, allows the Court to examine a possible violation of the
provisions of the Convention that have not been alleged in the briefs submitted by the
parties, provided they are given the opportunity to express their respective positions in
1.b of this article shall not be applicable when: a) the domestic legislation of the state concerned does not afford
due process of law for the protection of the right or rights that have allegedly been violated; b) the party alleging
violation of his rights has been denied access to the remedies under domestic law or has been prevented from
exhausting them; or c) there has been unwarranted delay in rendering a final judgment under the aforementioned
remedies.
44
The Commission shall consider inadmissible any petition or communication submitted under Articles 44 or
45 if: a) any of the requirements indicated in Article 46 has not been met; b) the petition or communication does
not state facts that tend to establish a violation of the rights guaranteed by this Convention; c) the statements of
the petitioner or of the State indicate that the petition or communication is manifestly groundless or obviously out
of order; and d) the petition or communication is substantially the same as one previously studied by the
Commission or by another international organization.
45
Article 48(d) of the American Convention and Article 39 of the Rules of Procedure of the Inter-American
Commission.
46
Cf. Case of the Five Pensioners v. Peru, Merits, Reparations and Costs. Judgment of February 28, 2003.
Series C No. 98, para. 155, and Case of González Medina and relatives v. Dominican Republic, para. 242.
47
Cf. Case of the Moiwana Community v. Suriname. Preliminary Objections, Merits, Reparations and Costs.
Judgment of June 15, 2005. Series C No. 124, para. 63.
48
Cf. Case of Apitz Barbera et al. v. Venezuela, para. 189.
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