information submitted by the petitioners on October 3, 2006, the Commission notes that on
December 20, 2001, there was a change in the domestic law in relation to legislative
immunity, with the approval by the National Congress of Constitutional Amendment No.
35/2001, which determined that the criminal action against members of the legislature could
be admitted with the prior authorization of the legislative body to which they belong, thereby
fixing the defect alleged, thus a study of the possible breach of that obligation should be found
inadmissible.
47.
In addition, the Commission must bear in mind that the petitioners allege
violations of the rights enshrined in Articles 3, 4, and 5 of the Convention of Belém do Pará.
48.
As transcribed supra, Article 12 of the Convention of Belém do Pará
establishes that all petitions alleging facts violative of the rights guaranteed in that
instrument, expressly contained in its Article 7, are justiciable before the organs of the interAmerican system, Article 7 provides fundamental commitments.
49.
Applying Article 12 of the Convention of Belém do Pará transcribed supra, this
organ must find inadmissible the alleged violations of Articles 3, 4, and 5 of that instrument.
50.
Mindful of what is stated, the Inter-American Commission considers that, if
the facts stated with respect to the violation of the right to life, the right to equality before
the law and judicial guarantees, access to justice, and women’s rights, against the alleged
victim and her next-of-kin, are shown, the instant case would tend to establish a possible
violation of the guarantees safeguarded by Articles 4, 8(1), 24, and 25 of the American
Convention, and Article 7 of the Convention of Belém do Pará, for prima facie, with the factual
description of the situation, it has been clearly shown that we find ourselves before a potential
violation of the rights guaranteed by these provisions.
51.
The IACHR considers that the facts explained above characterize possible
violations of Article 24 of the American Convention in connection of Article 1(1) of the same
instrument. The Inter-American Commission observes that petitioner’s allegation is based on
facts that occurred on a context of impunity in relation to violent acts by the justice
administration, affecting disproportionably women as a group, and tend for the repetition of
these acts. Within this pattern of impunity, attitudes from judicial employees based on sociocultural discriminatory concepts that affect mainly women can be found. The mentioned
pattern allegedly results in extreme and unjustifiable procedural dilates in cases of violence
against women, which is argued in this case, despite of the legislative reform related to the
parliamentary immunity in 2001.
52.
The possible violations will be analyzed in conjunction with the general
obligation provided for at Article 1(1) of the American Convention.
V.
CONCLUSIONS
53.
Based on the foregoing considerations of fact and law, and without prejudging
on the merits, the Commission concludes that this case satisfies the admissibility
requirements set forth at Articles 46 and 47 of the American Convention,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
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