45. In connection with the allegation of new facts raised by the State to the effect that the owner of the property claimed by the community transferred it and that more time is therefore needed to negotiate with the new owners and thus secure the sale to INDI for subsequent transfer to the community, the Commission considers that said allegation does not affect the facts that could represent a violation of the rights ensured by the Convention, considering that the facts alleged in the petition persist and that the change of owner of the area claimed by the indigenous community does not affect the facts on which the petition is based. 46. The Commission considers that prima facie the facts alleged by the petitioners tend to establish a violation of Articles 2, 8(1), 21, 25 and 1(1) of the Convention, including the obligation to adopt domestic legal effects, the right to legal guarantees, the right to judicial protection, and the right to private property, to the detriment of the victims in this case. 47. The Commission therefore concludes that the petition satisfies the requirements stipulated in Articles 47(b) and (c) of the American Convention. V. CONCLUSIONS 48. The Commission concludes that it has competence to take cognizance of the complaint presented by the petitioners and that the petition is admissible in conformity with Articles 46 and 47 of the Convention. 49. Based on the foregoing arguments of fact and of law, and without prejudging the merits of the matter, THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, DECIDES: 1. To declare the present petition admissible as regards the alleged violations of Articles 2, 8(1), 21, 25 and 1(1) of the American Convention, to the detriment of the Xakmok Kásek del Pueblo Enxet Indigenous Community and its members. 2. To notify the State of Paraguay and the petitioners of its decision. 3. To proceed with the analysis of the merits of the case. 4. To publish this decision and include it in the Commission’s Annual Report to the OAS General Assembly. Done and signed at the headquarters of the Inter-American Commission on Human Rights on the 20th day of February of 2003. (Signed): Juan Méndez, President; Marta Altolaguirre, First Vice-President; José Zalaquett, Second Vice-President; Robert K. Goldman, Julio Prado Vallejo and Clare K. Roberts, Commissioners. 7