9
Alvarado, the Commission will analyze the State’s possible responsibility due to noncompliance with the
obligations established in Article 7 of the Convention of Belém do Pará.
45.
Furthermore, the IACHR considers that the allegations related to the lack of legal elucidation of
the facts denounced, the infringements caused to the relatives of the presumed victims as a result of their alleged
disappearance, taking into account the facts of threats and harassment against them that motivated the adoption
of international protection measures in their favor could characterize violations to the rights protected by Articles
11
5, 8 and 25 of the American Convention to its detriment.
46.
Concerning Jaime Alvarado Herrera, his wife Sandra Luz Rueda Quezada, and their children
J.O.A.R., R.G.A.R., S.A.R., and J.E.A.R, the Commission will also examine the presumed violation of Article 11 of the
American Convention in connection with the alleged entry and search of their home presumably carried out by
members of the federal police on August 28, 2011. With regard to A.A.R and R.A.A.R, minor children of Rocio Irene
Alvarado, the Commission will also examine the facts related to the alleged detention of the latter in the presence
of her siblings, and the alleged abuses against them, in light of Article 19 of the American Convention, interpreted
in accordance with the corpus juris on the rights of children and adolescents.
47.
Finally, the Commission considers that the allegations on the ineffectiveness of the amparo
appeal as a means of protection in light of a forced disappearance require a substantive analysis since they raise
12
matters related to the scope of the obligation contained in Article 2 of the American Convention.
48.
With regard to whether the claim is out of order or inadmissible, the IACHR concludes that the
petitioners have demonstrated prima facie the points required under Article 47.b of the American Convention.
V.
CONCLUSIONS
49.
Based on the arguments of fact and law set forth herein, and without prejudging the merits of
the case, the Inter-American Commission concludes that this petition fulfills the admissibility requirements set out
in Articles 46 and 47 of the American Convention and accordingly:
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES:
1.
To declare this petition admissible with regard to the presumed violations of rights established in
Articles 3, 4, 5, 7, 8, 11, 19 and 25 of the American Convention, in connection with Articles 1.1 and 2 of that
instrument; Articles I and XI of the Inter-American Convention on Forced Disappearance of Persons; and Article 7
of the Convention of Belém do Pará.
2.
To notify the parties of this decision.
3.
To publish this decision and include it in its Annual Report to the General Assembly of the OAS.
Done and signed in the city of Washington, D.C., on the 12th day of July 2013. (Signed): Tracy Robinson,
First Vice-President; Rosa María Ortiz, Second Vice-Presidente; Felipe González, Dinah Shelton, Rodrigo
Escobar Gil and Rose-Marie Antoine, Commissioners.
11
The family members identified in paragraph 2 of this report are held as presumed victims.
12
IACHR, Admissibility Report No. 75/07, Petition 12.322. Antonio González Méndez vs. Mexico. October 15, 200, paragraph 59.
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