4.
Description of the facts
31. In the instant case, at this stage of the proceeding, the Commission does not decide
whether the alleged violations of the alleged victim’s human rights according to the articles of
the Convention, took place. For the purposes of admissibility, the Commission must only
decide if facts are layed out which, should they be proven, could constitute violations of the
Convention, as provided for by article 47.b of the American Convention, and if the petition is
“manifestly groundless” or “obviously out of order,” pursuant to subsection (c) of the same
article.
32. The criterion to assess these matters is different from the one necessary to judge on the
merits of the complaint. The IACHR must carry out a prima facie evaluation and determine
whether the complaint provides evidence of an apparent or potential violation of a right
guaranteed by the Convention; it does not need to establish the existence of said violation.
The examination it should carry out at this stage is simply a preliminary analysis that does not
imply a prejudgment or opinion on the merits of the case. The Rules of Procedure of the
Commission itself, in establishing two clear stages of admissibility and of merits, provides this
distinction between the evaluation that the Commission must make in order to declare a
petition admissible and the one required to establish the existence of a violation.
33. It is the opinion of the Commission that the arguments of the State contending that there
were no violations of the rights to personal liberty, freedom of expression, to a fair trial and to
judicial protection, do not address questions of admissibility which could demonstrate that the
petition is manifestly groundless or obviously out of order. These arguments shall be examined
in the merits stage of the case.
34. In the instant case the Commission considers that the arguments submitted by the
petitioner, regarding the possible violation of articles 7, 8, 13, and 25 of the American
Convention, in connection with articles 1.1 and 2 of same, are not manifestly groundless.
35. With respect to the complaint regarding the alleged violation of article 5 of the American
Convention, it is the opinion of the Commission that the petitioner has not provided proper
grounds and therefore this portion of the petition is inadmissible.
V.
CONCLUSION
36. The Commission concludes that it is competent to hear this petition and that the petition
meets the requirements of admissibility, in accordance with articles 46 and 47 of the American
Convention, and with articles 30, 37 and others in concordance, and its rules of procedure.
Based on the foregoing arguments in fact and in law, and without prejudging the merits of the
case,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1. To declare the petition admissible concerning articles 7, 8, 13 and 25 of the American
Convention, in connection with articles 1.1 and 2, and to declare inadmissible the complaint
regarding article 5 of same.
2. To notify the State and the petitioners of this decision.
3. To proceed with the analysis of the merits of the case.
4. To publish this decision and include it in the Annual Report of the IACHR to the OAS General
Assembly.
Done and signed in the city of Washington, D.C., on the 15th day of the month of March, 2006.
(Signed): Evelio Fernández Arévalos, President; Paulo Sérgio Pinheiro, First Vice-President;
6