45. The Commission believes that the requirements established in Article 47(b) and (c) of the
American Convention with respect to complaints regarding detention conditions of the inmates
at the Penitentiary of Mendoza and the Gustavo André Unit in Lavalle have been met. The
Commission will examine the basis for these claims in light of the provisions of Articles 4 and 5
of the American Convention. In addition, the Commission will analyze the potential application
of Articles 1, 2, 7 and 25 of the Convention as they relate to the obligation of the Argentine
State to ensure personal liberty, respect rights, adopt provisions in domestic law, and ensure
enforcement by competent authorities of any decision ordering a remedy.
VI.
CONCLUSION
46. The Commission concludes that it is competent to examine the allegations of the
petitioners and that the petition is admissible in accordance with Articles 46 and 47 of the
American Convention, with respect to alleged violations of the right to life, physical integrity
and health, as contained in Articles 4 and 5 of the American Convention, as they relate to the
conditions of detention of the inmates of the Penitentiary of Mendoza. In addition, the
Commission will analyze the possible application of Articles 1, 2, 7 and 25 of the Convention as
they relate to the obligation of the Argentine State to ensure personal liberty, respect rights,
adopt provisions in domestic law, and ensure enforcement by competent authorities of any
decision ordering a remedy.
47. Based on the factual and legal arguments presented above and without prejudging the
merits of the case,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1. To declare the case admissible with respect to alleged violations of rights recognized in
Articles 4 and 5, as well as possible violations of Articles 2, 7 and 25 of the American
Convention on Human Rights, all as they relate to Article 1(1) of the Convention.
2. Notify the parties of this decision.
3. Continue with its analysis of the merits of the case.
4. Publish this decision and include it in the Commission’s Annual Report to the General
Assembly of the OAS.
Done and signed at the headquarters of the Inter-American Commission on Human Rights, in
the city of Washington, D.C., on the 13 th day of October, 2005. (Signed): Clare K. Roberts,
President; Susana Villarán, First Vice President; Paulo SérgioPinheiro, Second Vice President;
Commissioners
EvelioFernándezArévalos,
José
Zalaquett,
Freddy
Gutiérrez
and
FlorentínMeléndez.
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