9
is different from that required in deciding on the merits of a complaint; the IACHR must perform a
prima facie evaluation, not to establish the existence of a violation, but to examine if the petition
establishes grounds for the apparent or potential violation of a right guaranteed by the
Convention. That determination is a preliminary analysis and does not represent a prejudgment on
the merits of the matter.
44.
At the merits stage, the Commission will analyze the possible existence of a
violation of the rights protected by Articles 4, 5, 7, 8, and 25 of the American Convention, in
conjunction with Article 1.1 thereof, with respect to the alleged victims; and of those protected by
Articles 5, 8, and 25 of the Convention, again in conjunction with Article 1.1, with respect to their
relatives. In addition, applying the principle of iura novit curia, at the merits stage the IACHR will
also examine the possible violation of Article 3 of the Convention, in conjunction with Article 1.1
thereof, with respect to the alleged victims. Consequently, the Commission finds that the
requirements contained in Articles 47.b and 47.c of the American Convention have been met.
V.
CONCLUSIONS
45.
The Commission concludes that it is competent to examine the claim lodged by the
petitioners, and that the petition is admissible under Articles 46 and 47 of the Convention as
regards the alleged violation of Articles 4, 5, 7, 8, and 25 of the American Convention, in
conjunction with Article 1.1 thereof, with respect to the alleged victims, and as regards Articles 5,
8, and 25, again in conjunction with Article 1.1, with respect to their relatives. In addition, applying
the principle of iura novit curia, the Commission concludes that the petition is admissible for the
alleged violation of Article 3 of the Convention, in conjunction with Article 1.1, with respect to the
alleged victims.
46.
Based on the foregoing considerations of fact and law, and without prejudging the
merits of the case,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES:
1.
To find this petition admissible as regards Articles 4, 5, 7, 8, and 25 of the American
Convention, in conjunction with Article 1.1 thereof, with respect to the alleged victims, and as
regards Articles 5, 8, and 25, again in conjunction with Article 1.1, with respect to their relatives. In
addition, applying the principle of iura novit curia, at the merits stage the IACHR will also analyze
the possible violation of Article 3 of the Convention, in conjunction with Article 1.1 thereof.
2.
To notify this decision to the State and to the petitioners.
3.
To begin its processing of the merits of the case.
4.
To publish this report and to include it in the Commission’s Annual Report to the
OAS General Assembly.
Approved by the Commission on the 20th day of the month of August, 2010. (Signed):
Felipe González, President; Paulo Sérgio Pinheiro, Vice-President; Dinah Shelton, Second VicePresident; Rodrigo Escobar Gil, and Luz Patricia Mejía Guerrero, Members of the Commission.