14
THIRD PRELIMINARY OBJECTION
Owing to the Commission’s late submission of the application, the Court’s
jurisdiction is barred, according to the terms of Article 51(1) of the Convention
Arguments of the State
52.
The State submitted the following arguments with regard to Article 51(1) of
the Convention:
a)
the Commission clearly exceeded the time limit of three months
provided for in the Convention to submit the application to the Court;
b)
the relevant provisions of the Convention have not been observed,
since in the present case “the Commission should have adopted an Article 51
report”; and
c)
the Commission submitted the case to the Court on the last day the
State was able to respond to the Merits Report No. 35/02.
Arguments of the Commission
53.
The Commission argued the following with regard to the present preliminary
objection:
a)
the instant case was submitted in accordance with the applicable
norms and practices;
b)
in June and then August of 2002 the State requested extensions of the
applicable deadline, and expressly recognized that “if the suspension is
granted, […] once the […] suspension has expired and no settlement of the
case has been reached, the Commission may decide to submit the case to the
Inter-American Court”; and
c)
an extension, when requested by the State, benefits the State by
providing it with additional time to resolve a matter prior to its submission
before the Court. Suriname cannot request and accept a benefit, and then
invoke it as a procedural violation.
Arguments of the representatives
54.
The representatives did not submit arguments related to the instant
preliminary objection.
The Court’s Assessment
55.
The Court will now turn to examine whether the Commission in the instant
case submitted the application to this Tribunal in a timely fashion, according to the
terms of Article 51(1) of the Convention.
56.
Both the State and the Commission are in agreement that, after the
transmission of the Merits Report No. 35/02 to the former, Suriname requested two
extensions of the time limit provided for in Article 51(1) of the Convention, which