jurisdiction.11 This is a duty which imposes on the State the obligation to
efficiently investigate and punish those actions that could lead, by action
or by omission, to the negation of the inviolability of the right to life. It
also imposes the obligation to provide compensation to the relatives of
the victims for the damages caused by said violations. In view of the
aforementioned considerations, the facts of the instant case could
constitute a violation of the obligation to respect rights derived from
Article 4 of the Convention.
V.
CONCLUSIONS
32.
The Commission concludes that it is competent to examine the
petition and that same is admissible pursuant to Articles 46(1)(c) and
(d) and 46(2)(a) and (c) and 47 of the Convention.
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1.
To declare, without prejudice of the merits of the petition,
that it is admissible regarding the alleged violation of Articles 4 (right to
life), 5 (right to humane treatment), 8 (right to a fair trial) and 25 (right
to judicial protection) of the Convention, all in connection with Article
1(1) (obligation to respect rights protected by the Convention).
2.
To transmit this report to the State and the petitioners.
3.
To publish this decision and include it in its Annual Report
to the General Assembly of the OAS.
Done and signed at the headquarters of the Inter-American Commission
on Human Rights in the city of Washington, D.C. on the 24 th day of
February, 2005. (Signed): Clare K. Roberts, President; Susana Villarán,
First Vice-President; Paulo Sérgio Pinheiro, Second Vice-President;
Commissioners Evelio Fernández Arévalos, José Zalaquett, Freddy
Gutiérrez and Florentín Meléndez.
11 Cfr. Cantoral Benavides Case, Judgment of August 18, 2000. Series C, No.
69, para. 69, Case of the “Street Children” (Villagrán Morales et al.).
Reparations (art. 63.1 Inter-American Convention on Human Rights. Judgment
of May 26, 2001. Series C, No. 77, para. 99; and Case of the “Panel Blanca” v.
Guatemala (Paniagua-Morales et al.). Reparations (Art. 63.1 American
Convention on Human Rights). Judgment of May 25, 2001. Series C, No. 76,
para. 199.
11
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