establish a violation of the commitments assumed by the Guatemalan State at Articles 1 and 2
of the Inter-American Convention on Forced Disappearance of Persons when it ratified that
instrument. Accordingly, the IACHR considers that this requirement has been met.
V.
CONCLUSION
34. The Commission concludes that the case is admissible, and that it is competent to examine
the claim submitted by the petitioners in relation to the alleged violation of Articles 4, 5, 7, 8,
and 25 in conjunction with Articles 1.1) and 2) of the American Convention, as well as in
relation to Article I of the Inter-American Convention on Forced Disappearance of Persons, to
the detriment of Edgar Fernando García and his next of kin.
35. Based on the arguments of fact and law set forth above, and without prejudging on the
merits issues,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES:
1. To find this petition admissible based on Articles 4, 5, 7, 8, and 25 of the American
Convention, in conjunction with its Articles 1.1) and 2), and based on Articles I of the InterAmerican Convention on Forced Disappearance of Persons.
2. To notify the State and petitioners of this decision.
3. To initiate its consideration on the merits.
4. To publish this decision and include it in the Annual Report to be submitted to the OAS
General Assembly.
Done and signed at the headquarters of the Inter-American Commission on Human Rights, in
Washington, D.C., on the 21st day of the month of October, 2006. (Signed): Evelio Fernández
Arévalos, President, Paulo Sérgio Pinheiro, First Vice-president; Florentín Meléndez, Second
Vice-president, Freddy Gutiérrez, Paolo Carozza and Víctor Abramovich, members of the
Commission.
6