20
92. In light of all of the foregoing, the Commission concludes that the petition is not “manifestly
groundless” nor is it “obviously out of order,” and accordingly, finds that the petitioners have successfully
made a prima facie case to meet the requirements set forth under Article 47.b of the American Convention
as to potential violations of Articles 5, 8, 13, 23, 24 and 25 of the American Convention, in conjunction with
Articles 1.1 and 2 of this instrument, as was laid out in detail above.
93. The Commission also concludes that based on the alleged facts, there are insufficient
elements to indicate that, should they be proven, it would constitute a violation of Articles 16 and 26 of
the American Convention and, therefore, the petition is inadmissible with regard to the alleged violation
of these rights.
IV.
CONCLUSIONS
94. The Commission concludes that it is competent to examine the claims brought by the
petitioners as to the alleged violation of Articles 5, 8, 13, 23, 24 and 25 of the American Convention on
Human Rights, in connection with Articles 1.1 and 2 of this instrument.
95. Additionally, it concludes that it must find inadmissible the claims regarding the alleged
violation of Article 16 and 26 of the American Convention.
96. Based on the foregoing arguments of fact and law and without prejudice to consideration
on the merits of the matter:
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1.
To find admissible the claims of Rocío San Miguel Sosa, Magally Chang Girón and Thais
Coromoto Peña, with respect to Articles 5, 8, 13, 23, 24 and 25 of the American Convention, in
connection with Articles 1.1 and 2 of this instrument.
2.
Convention.
To find inadmissible the instant petition as to Articles 16 and 26 of the American
3.
Notify the State and the petitioners of this decision.
4.
Proceed to analysis of the merits of the matter.
5.
Publish this report and include it in the Annual Report to the OAS General Assembly.
Done and signed in the city of Washington, D.C., on the 11 day of July 2013. (Signed): José de
Jesús Orozco Henríquez, President; Tracy Robinson, First Vice-President; Rosa María Ortiz, Second VicePresident; Felipe González, Dinah Shelton, Rodrigo Escobar Gil, Rose-Marie Antoine, Commissioners.