on Human Rights is convention-based in that it derives from the American Convention
on Human Rights. The Commission, in contrast to the United Nations Special
Rapporteur on Extrajudicial, Summary, or Arbitrary Executions, falls within the
category of treaty supervisory bodies.
42. The nature of the two international entities is also different. The United Nations
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions is not
empowered to adjudicate specific cases and the individual communication process
before that office is not oriented toward a solution of an adversarial nature. In effect,
the individual communication mechanism before the Special Rapporteur on
Extrajudicial, Summary, or Arbitrary Executions is of a nature that cannot lead to an
effective settlement in the terms of Article 33.2(a) of the Commission’s Rules of
Procedure. Its procedure, which is not adversarial in nature, is limited to requesting
clarification from the interested government regarding complaints.
43. The procedure before the Inter-American System for the Protection of Human
Rights, on the other hand, is adversarial in nature and the Inter-American Commission
does have an adjudicatory role. The procedure before the IACHR may conclude with a
series of recommendations that the States must make good faith efforts to fulfill.10
44. The Commission concludes, therefore, that the United Nations Special Rapporteur
on Extrajudicial, Summary, or Arbitrary Executions does not belong to the category of
international bodies whose mandate may result in a duplication such as that referred
to in Articles 46(1)(c) and 47(d) of the American Convention. 11
4. Characterization of the Alleged Facts
45. Article 47(b) of the Convention establishes that the Commission shall declare
inadmissible any petition or communication presented when “it does not state facts
that tend to establish a violation of the rights guaranteed by this Convention.” The
Commission’s view is that the petitioners’ allegations described in Section III of this
report, could represent prima facie violations of Articles 4, 8, and 25 of the American
Convention to the detriment of Johan Alexis Ortiz Hernández, and Articles 8, and 25 to
the detriment of Edgar Humberto Ortiz Ruiz and Zaida Hernández de Arellano, in
relation to the obligations set forth in Article 1.1 of that statute.
46. Consequently, the IACHR concludes that on this point the case is admissible in
accordance with the provisions of Article 47(b).
V. CONCLUSIONS
47. The Commission concludes that the case is admissible and that it is competent to
examine the petition presented by the petitioners concerning the alleged violation of
Articles 4, 8, and 25 of the Convention, in conjunction with Article 1(1) of the
Convention, to the detriment of Johan Alexis Ortiz Hernández and his parents, in
10 Inter-American Court, Loayza Tamayo Case, Judgment of September 17, 1997, Ser. C, No. 33, paras. 80 and
81.
11 IACHR, Report 30/99, Colombia. Case 11.206, César Chaparro Nivia and Vladimir Hincapié Galeano. March 11,
1999, paras. 25 and 26. In this case the Colombian State claimed the failure to fulfill Article 46.1 (c) of the
Convention claiming that the matter alleged by the victims was being studied by the Special Rapporteur on the
Question of Torture and the Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions.
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