Title: Merits
Course: Inter-American Human Rights System - 2nd. Edition > Section: Petition and Case System

Once the admissibility report has been approved, the merits stage begins. At this stage, the Commission will analyze whether the alleged facts can be proven and whether or not they constitute a violation of rights protected under the American Convention, Declaration, or other applicable instrument. During the merits stage, both parties will have the opportunity to present their arguments on the merits of the case and may provide additional information and proof.

If they have not already done so, they may also initiate a friendly settlement process.

They may also request a hearing, during which they can provide information, make allegations, and present witnesses. The hearings before the Commission are public, unless there are reasons to hold them behind closed doors, such as the nature of the case, or if the victim or a witness may be in danger.

At this stage the Commission will decide whether or not the State is responsible for the violation of the rights of the victim and his family.

- If the Commission finds that there were no human rights violations, it will issue a report that will bring the case to an end.
- If the Commission finds that there was a human rights violation, it will prepare a preliminary report with recommendations that the State must comply with within 3 months.

At this stage the Commission will decide whether or not the State is responsible for the violation of the rights of the victim and his family.  If the Commission finds that there were no human rights violations, it will issue a report that will bring the case to an end. If the Commission finds that there was a human rights violation, it will prepare a preliminary report with recommendations that the State must comply with within 3 months.

The recommendations can be diverse, and usually include measures to remedy the violation and prevent its repetition, including measures to make legislative changes, or implement public policies.

Once the time period has passed, if the State has not complied with the recommendations, or has done so only partially, the Commission may:

- Make the report public and follow up on it, or;

- Send the case to the Inter-American Court.