Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.4 Procedure, Article 48

Abstract

This chapter investigates Article 48 of the American Convention on Human Rights (ACHR). Article 48 of the ACHR is dedicated to the procedural aspects of litigation of the Inter-American Commission on Human Rights. Article 48 spells out some aspects of the procedural sequences for processing petitions and communications before the Inter-American Commission, particularly when, after its initial review, it considers the complaint to be pre-admissible. Indeed, Article 48 applies to “petition or communication admissible,” given that under Article 47 of the Convention, the Commission has the procedural duty to screen out the complaints that do not meet the admissibility requirements. In litigation proceedings, the Inter-American Commission is responsible for determining and verifying the positions of the parties and the factual elements of the case.