12
of transmission of the Commission’s Article 50 Report. Moreover, the Court has
determined in its jurisprudence that Article 51 of the Convention requires a matter to
be filed before the Court within the three-month period under Article 51, but has
never interpreted said article in a manner that requires the Court to determine its
jurisdiction over the case within this same three-month period.
35)
Even in respect of the requirement under Article 51 of the Convention that an
application be filed with the Court within the three-month period prescribed
thereunder, the Court has held in its Advisory Opinion Certain Attributes of the InterAmerican Commission on Human Rights (OC-13/93)6 that the time limit, while of
preclusive character, is not fatal with regard to the submission of a case to the Court
where special circumstances exist. In particular, the Court has established in the
Cayara case’s preliminary objections7 that an application containing “serious charges”
cannot be deemed to have lapsed simply on the grounds of a brief lapse in the time
period under Article 51 of the Convention and, more generally, that the Court’s
procedural system as a means of attaining justice cannot be sacrificed for the sake of
mere formalities.
36)
Given the urgency of the issues raised in the
Court, particularly the legitimacy of the pending
requested that the State should not be permitted to
over the case based upon an erroneous interpretation
Article 51 of the Convention.
present application before the
executions, the Commission
defeat the Court’s jurisdiction
of the procedural period under
Considerations of the Court
37)
The Court considers that insofar as the first argument of the State’s
preliminary objection is concerned, several implicit issues must be clarified: first, the
State objects to the Commission’s submission of the complaint, which it considers to
have expired in light of the three months stipulated in Article 51(1) of the
Convention; and second, it objects to the supposed “failure of the Court to accept
jurisdiction” within the mentioned time limit.
38)
The Court will not analyze whether the application was submitted within
ninety days of July 5, 2000, since it is of the opinion that, in accordance with Article
51(1) of the American Convention, the period of three months should be based on
the Gregorian calendar month, which is to say, from date to date.
39)
As this Court has established in the Paniagua Morales et al. Case
it has been the regular practice of the Court to compute the period of
three months referred to in Article 51(1) of the Convention from date
to date […]
In the Caballero Delgado and Santana Case (Caballero Delgado and
Santana Case, Preliminary Objections, Judgment of January 21, 1994.
Series C No. 17), the Court inadvertently used the expression “90
6
Certain Attributes of the Inter-American Commission on Human Rights (Arts. 41, 42, 44, 46, 47,
50, and 51 of the American Convention on Human Rights). Advisory Opinion OC-13/93 of July 16, 1993.
Series A No. 13, para. 51.
7
Cayara Case. Preliminary Objections. Judgment of February 3, 1993. Series C No. 14, paras.
40 and 42.