61. The standard for the evaluation of these points is different
from the one required to decide on the merits of a complaint. The IACHR
must carry out a prima facie evaluation to determine whether the
complaint provides grounds for the apparent or potential violation of a
right guaranteed by the Convention and not to establish the existence of
a violation. This examination does not imply prejudgment of the merits
of the case. The Commission’s own Rules of Procedure, in establishing
two clearly separate stages of admissibility and of merits, reflect this
distinction between the evaluation that the Commission must carry out
to declare a petition admissible and that which is required to establish
the existence of a violation.
62. In the instant case, the State has maintained that the
petition is manifestly groundless and therefore should be declared
inadmissible. The petitioners, in turn, did not invoke the violation of
specific articles of the Convention. Nevertheless, it can be inferred from
their claims that the petitioners allege the violation of their rights to life,
to humane treatment, to equal protection, and to judicial protection and
guarantees. Pursuant to the principle of iura novit curia, which obliges
international organizations to apply all legally relevant norms even if
they have not been invoked by the parties, the Commission shall
examine the facts alleged in the light of the provisions of articles 4, 5, 8,
24 and 25 of the American Convention, in connection with the provisions
of article 1(1) of same.
63. The Commission, based on the information and arguments
submitted regarding the excessive time lapsed in the criminal
investigation process of the facts object of this petition, notes that more
than seven years have gone by from the moment the complaint was
lodged and the proceedings continue to be in the stage of preliminary
investigation, without a final judgment having been rendered. Insofar as
the alleged responsibility of the medical personnel that cared for the
alleged victim has not been either established or disproved, it is the
opinion of the Commission that the allegations of the petitioners tend to
establish the violation of article 25 of the Convention, regarding the
right to prompt recourse to judicial protection, and to the judicial
guarantees provided for by article 8 of the American Convention.
64. Bearing in mind that judicial proceedings have not yet
concluded, and that the current examination is of a prima facie
character, the Commission reserves its analysis regarding the
applicability of article 4 (right to life) for the merits stage. It is also
appropriate for the Commission to examine, in the merits stage, the
petitioners’ allegations regarding the obligation of the State to remove
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