it is not appropriate at this stage of the proceeding to determine whether there has or has not been a violation of the American Convention on Human Rights. For purposes of admissibility, the IACHR should decide whether facts were presented which could characterize a violation, for the petition not to be considered inadmissible in light of Article 47 of the American Convention. 56. The IACHR observes that the facts with respect to which racial discrimination is alleged are not attributed to the Brazilian State, but to a private person. However, the petitioner alleges that the Convention has been violated in relation to the State’s response, through its judicial organs, to the facts alleged, which are appropriate for analysis by the IACHR in the merits phase. 57. Therefore, the merits of the complaint are not decided upon in this phase. The IACHR must perform a preliminary assessment to examine whether the complaint set forth an apparent or possible violation of a right guaranteed by the Convention, and not to establish the existence of a violation. Such an examination is a summary analysis that does not imply prejudging or offering an initial opinion on the merits. The Commission’s Rules of Procedure, on establishing two stages (admissibility and merits), reflects this distinction between the evaluation that must be performed for purposes of finding a petition admissible, and that required to establish a violation. Based on this analysis, the IACHR considers that the complaint alleged does not fit under the hypotheses of Article 47.b and c, and, therefore, the petition satisfies the requirements of the American Convention. V. CONCLUSION 58. The Commission concludes that it is competent to take cognizance of the petition, and that it meets the admissibility requirements pursuant to Articles 46 and 47 of the American Convention. THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS DECIDES: 1. To declare, without prejudging on the merits of the complaint, that the petition is admissible in relation to the facts alleged and with respect to Articles 1, 8, 24, and 25 of the American Convention on Human Rights. 2. To forward this report to the State and the petitioners. 3. To publish this decision and include it in the Annual Report to the General Assembly of the Organization of American States. Done and signed in the city of Washington, D.C., on the 21st day of the month of October, 2006. (Signed): Evelio Fernández Arévalos, President; Florentín Meléndez, Second Vice-President; Freddy Gutiérrez, Paolo G. Carozza and Víctor E. Abramovich, Commissioners.