though the petitioners may do so. However, it is the duty of the Commission, in following the system of legal
precedents, to determine in its admissibility reports which provision of relevant inter-American instruments
is applicable and could be deemed to have been violated, should the alleged facts be proven by means of
sufficient evidence.
50.
In the instant petition, a series of arguments have been presented on the alleged violation of
the rights to a fair trial and to judicial protection enshrined in Articles 8 and 25 of the American Convention.
For its part, the State alleges that the fact that the ruling went against the petitioner does not mean that the
decision was arbitrary or unlawful.
51.
In view of the elements of fact and of law presented by the parties and the nature of the matter
put to it for consideration, the IACHR is of the view that the petitioner’s allegations regarding the proceedings
allegedly instituted against him to remove him from his position as Prosecutor, presumably in violation of the
rights to a fair trial and to judicial protection, could tend to establish violations of Articles 8 and 25 of the
American Convention in relation to Article 1.1 thereof.
52.
The Commission notes that the alleged facts could tend to establish violations of the duty to
adopt provisions under domestic law in relation to the right to appeal the decision before a higher body, in the
proceeding before the JEM, since the only action envisaged to appeal said decision would be the action of
unconstitutionality. Therefore, the IACHR shall also, during the merits stage, examine the applicability of Article
2 of the American Convention, in relation to Article 1.1 thereof. Likewise, the Commission considers that it
should examine during the merits stage whether the standard applied in the proceeding that culminated in the
removal of the petitioner from his post was consistent with the principle of legality recognized in the American
Convention, a principle that must be adhered to in the context of disciplinary and prosecutorial proceedings
since the failure to do so could constitute a violation of Article 9 of said instrument.
53.
Lastly, the Commission considers that the petitioner has not presented basic elements in
support of his claims regarding the alleged violation of Article 10 of the American Convention. Therefore, this
complaint does not meet the requirements established in Article 47.b of the American Convention and it is
therefore found to be inadmissible.
V.
CONCLUSIONS
54.
The Commission concludes that it is competent to examine the claims submitted by the
petitioner on the alleged violation of Articles 2, 8, 9, and 25 in relation to Article 1.1 of the American Convention
and that these are admissible, pursuant to the requirements established under Articles 46 and 47 of the
American Convention.
55.
Likewise, the Commission concludes that the claims presented by the petitioner regarding the
alleged violation of the right to compensation for a miscarriage of justice enshrined in Article 10 are
inadmissible.
56.
Based on the foregoing considerations of fact and law,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES:
1.
To declare the instant petition admissible with regard to Articles 2, 8, 9, and 25 of the
American Convention in relation to Article 1.1 of the American Convention.
2.
Convention.
3.
To rule the instant petition inadmissible with respect to Article 10 of the American
To notify the State and the petitioner of this decision.