State is in fact responsible, by establishing clearly differentiated stages for examining the admissibility and the merits of the petition. 54. Based on the facts presented by the petitioners, the IACHR considers that the allegations regarding the eventual responsibility of government agents for the medical attention provided to the alleged victim on May 25, 2004, just moments before her death, should be taken into account during the analysis on the merits of case. Furthermore, the IACHR must determine whether the State acted with due diligence in investigating the cause of Mrs. Chinchilla Sandoval’s death. Therefore, the Commission considers that the petitioners have presented allegations that are not “manifestly groundless” or "obviously out of order” and that, if proven true, could constitute possible violations of Articles 4, 5, 8 and 25 of the American Convention with regard to Article 1.1 of the same international instrument. 55. Since it is not evident from the record at this stage that the facts presented in the complaint are groundless or obviously out of order, the Commission considers that the requirements established in Article 47(b) and (c) of the American Convention have been met. V. CONCLUSIONS 56. The Commission concludes that the petition is admissible and that the Commission is competent to examine the complaint lodged by the petitioners with regard to alleged violations of Articles 4, 5, 8, and 25 of the American Convention with regard to Articles 1(1) and 2 of the same instrument. 57. Based on the foregoing arguments in fact and in law, and without prejudging the merits of the case, THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS DECIDES: 1.To declare this petition admissible, for the alleged violation of Articles 4, 5, 8, and 25 of the American Convention with regard to Articles 1(1) and 2 of the same instrument. 2.To forward this report to the petitioners and to the State. 3.To continue with the analysis on the merits of the petition. 4.To publish this decision and to 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 13th day of the month of November, 2009. (Signed): Luz Patricia Mejía Guerrero, President; Víctor E. Abramovich, First VicePresident; Felipe González, Second Vice-President; Sir Clare K. Roberts, and Paolo G. Carozza, members of the Commission. 11

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