64. With regard to the requirement in Article 46(1)(c) of the Convention, stating that the
petition must not be pending settlement in any other international proceeding, the Commission
has received no information indicating that any such situation exists. The Commission
therefore holds that this requirement has been met. In addition, the Commission also
concludes that the requirement set forth in Article 47(d) has been met, in that this petition is
not substantially the same as any petition already studied by the Commission or ruled on by
another international organization.
iv.
Nature of the Violations
65. Article 47(b) of the Convention states that the Commission shall consider inadmissible any
petition or communication that “does not state facts that tend to establish a violation of the
rights guaranteed by this Convention.” The petitioners claim that the State, through its agents,
assassinated Nogueira, violating his right to life (Article 4), and that in failing to make
adequate investigations into the murder, the State violated Nogueira’s rights of due process
(Article 8). Finally, the petitioners contend that the State has allowed crimes to go unpunished,
fostering a climate of impunity which has lead to human rights violations, violating the right to
judicial protection and the obligation to respect the rights set forth in the Convention (Article
1). 20 If proven true, the facts alleged by the petitioners could constitute violations of rights
protected by the Convention. Therefore, the Commission concludes that this requirement has
been met.
66. The Commission concludes that it is competent to take cognizance of this case and that the
petition meets the admissibility requirements under Articles 46 and 47 of the American
Convention and Articles 1 and 20 of its Regulations.
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1. To declare, without prejudging the merits of the instant case, that this petition is admissible
with respect to the alleged facts, and to Article 4 (right to life); Article 8 (right to a fair trial);
and Article 25 (right to judicial protection), in conjunction with Article 1(1) (obligation to
respect rights) of the American Convention.
2. To transmit this report to the State and to the petitioners.
3. To place itself at the disposal of the parties concerned with a view to reaching a friendly
settlement, in accordance with Article 48(f) of the Convention.
4. To continue processing the case with an analysis of the merits of the petition.
5. To publish this report and include it in its Annual Report to the OAS General Assembly.
Done and signed at the headquarters of the Inter-American Commission on Human Rights, in
the city of Washington, D.C. on the third day of the month of October, 2000. (Signed): Claudio
Grossman, First Vice-Chairman; Juan Méndez, Second Vice-Chairman; Commissioners Marta
Altolaguirre, Robert K. Goldman, Peter Laurie, and Julio Prado Vallejo.
20 The Commission has in mind resolution AG/RES. 1711 (XXX-O00) of June 5, 2000 on Human Rights Defenders in
the Americas, and similar resolutions in previous years.
10