40.
Given the arguments of fact and of law made by the parties and the
nature of the matter before it, the Commission finds that in the instant case, the
proper determination is that the petitioners’ claims of alleged violation of the rights
to life, personal liberty, a fair trial, and judicial protection, could characterize
violations of the rights protected under Articles 4(1), 7, 8(1), and 25 of the American
Convention, in conjunction with Article 1(1) thereof.
41.
Furthermore, in view of the factual evidence set out in the instant
petition and pursuant to the principle of iura novit curia, the Commission must assess
the possible responsibility of the State for an alleged breach of its duty to adopt
provisions under domestic law provided at Article 2 of the Convention, as regards
application of the police criminal justice system. Even though the state claims to
have used the remedies under domestic law as the law and the American Convention
prescribe and, therefore, holds that the complaint is inadmissible because it
constitutes a “fourth instance”, the Commission finds that the alleged facts and
arguments put forward warrant thorough analysis in the light of the Convention.
42.
Since these aspects of the complaint are clearly not baseless or out
of order, the Commission considers the requirements set forth in Articles 47(b) and
(c) of the American Convention to be met.
V.
CONCLUSIONS
43.
The Commission concludes that it is competent to examine the
petition with respect to the alleged violations of Articles 4(1), 7, 8(1), and 25 of the
American Convention, in conjunction with Articles 1(1) and 2 thereof, and that the
petition is admissible in accordance with the requirements contained in Articles 46
and 47 of the American Convention.
44.
Based on the factual and legal arguments given above and without
prejudging the merits of the matter,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1.
To declare the petition admissible as regards the alleged violations
of Articles 4(1), 7, 8(1), and 25 of the American Convention, in conjunction with
Articles 1(1) and 2 thereof.
2.
To notify the Ecuadorian state and the petitioners of this decision.
3.
To proceed with its analysis of merits in the matter.
4.
To publish this decision and included in its Annual Report to the
OAS General Assembly.
Approved by the Commission on the 16th day of the month of July 2009.
(Signed): Luz Patricia Mejía Guerrero, President; Víctor E. Abramovich, First Vicepresident, Felipe González, Second Vice-president, Paulo Sérgio Pinheiro, Florentín
Meléndez, and Víctor E. Abramovich, members of the Commission.
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