47.
Nothing in the case file suggests that the subject of the petition is
pending in another international proceeding or that it is substantially the same
as one previously studied by the Commission or another international
body. Thus, the Commission considers that the requirements established in
Articles 46(1)(c) and 47(d) of the Convention have been met.
4.
Colorable Claim
48.
The Commission is of the view that it is not appropriate to determine
whether or not the alleged violations took place at this stage of the
proceedings. For purposes of admissibility, the Commission must decide if the
events can be characterized as possible violations to the American Convention,
as stipulated in Article 47(b) of the American Convention. The standard for
evaluating these factual requirements is different from the requirement for
deciding on the merits of a petition. The IACHR must conduct a prima facie
evaluation to determine whether the petition establishes grounds for the
apparent or potential violation of a right guaranteed by the Convention, but
not to establish the existence of a violation.30 Such an evaluation is a
summary review that does not prejudice or advance an opinion on the
merits. By establishing two distinct phases of admissibility and merits, the
Commission’s Rules of Procedure reflect this separation between the
evaluation to be carried out by the Commission for the purpose of declaring a
petition admissible and that required to establish whether a violation has taken
place.31
49.
Given the arguments of fact and of law made by the parties and the
nature of the matter before it, the Commission finds that in the instant case,
the proper determination is that the petitioners’ claims of an alleged violation
of the rights to life, to humane treatment, to a fair trial, the rights of the child,
to equal protection and the right to judicial protection, could characterize
violations of the rights protected under articles 4, 5, 8, 19, 24 and 25 of the
American Convention, in combination with Article 1(1) thereof, and Article 7
See IACHR, Report No. 128/01, Case 12,367, Herrera and Vargas (“La Nación”),
Costa Rica, December 3, 2001, para. 50.
31
See IACHR, Report No. 31/03, Case 12,195, Mario Alberto Jara Oñate et al., Chile,
March 7, 2003.
30
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