apply, as the petition was submitted without the reasonable time referred to in Article 32(2) of
the Commission’s Rules of Procedure for those cases in which there was no firm judgment prior
to the lodging of the petition.
b.
Duplication of procedures and res judicata
36. It does not appear from the file that the subject matter of the petition is pending before
any other procedure for international settlement, or that it is substantially the same as a
petition already examined by this or any other international body. Therefore, the requirements
set forth at Articles 46(1)(c) and 47(d) of the Convention have been met.
c.
Characterization of the facts alleged
37. The Commission considers that the petitioners’ allegations of violations of the right to life,
the right to humane treatment, and the right to judicial protection tend to establish violations
of the rights of the victims and their next-of-kin, enshrined in Articles 4, 5, 8, and 25, in
relation to Article 1(1), of the American Convention, in view of the elements that indicate that
the investigation of the case is inconclusive and that the persons responsible have been
prosecuted only in part.
V.
CONCLUSIONS
38. The Commission concludes that the case is admissible and that it is competent to examine
the claim submitted by the petitioners on the alleged violation of Articles 4, 5, 8, and 25, in
relation to Article 1(1), of the Convention, in keeping with the requirements established in
Articles 46 and 47 of the American Convention.
39. Based on the arguments of fact and law set forth above, and without prejudging on the
merits,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1. To declare the instant case admissible in relation to the alleged violations of Articles 4, 5, 8,
25, and 1(1) of the American Convention.
2. To give notice of this decision to the Colombian State and to the petitioner.
3. To begin the merits phase.
4. To publish this decision and include it in its Annual Report to the OAS General Assembly.
Done and signed at the headquarters of the Inter-American Commission on Human Rights, in
the city of Washington, D.C., October 9, 2002. (Signed): Juan E. Méndez, President; Marta
Altolaguirre, First Vice-President; José Zalaquett, Second Vice-President; and Commissioners
Robert K. Goldman, Julio Prado Vallejo, Clare K. Roberts, and Susana Villarán de la Puente.
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