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legally established time frames. Nevertheless, within certain timely and reasonable limits, a
request for reconsideration that is based on the will to resolve a case through the domestic
channels available to the State may be said to meet the general aim of the procedures followed
by the Commission, since it would achieve a satisfactory solution of the alleged violation through
the State's cooperation.
70.
The extension of the time limit for submission of an application to the Court does not
impair the procedural position of the State when the State itself request an extension. In the
instant case, the Commission's decision to "continue the study of the case" resulted in a
substantial (approximately two and a half years) extension of the period available to the
Government for a last opportunity to resolve the matter without being brought before the Court.
Thus, neither the State's procedural rights nor its opportunity to provide a remedy were in any
way diminished.
71.
The Commission never revoked Resolution 30/83; rather, it suspended the procedural
effects in expectation of new evidence that might lead to a different settlement. By confirming
the previous resolution, the Commission reopened the periods for the succeeding procedural
stages.
72.
The Government argues that the ratification of Resolution 30/83 should have reinstated
the 60-day period granted therein for the Government to adopt the Commission's
recommendations. Given the circumstances of this case, the Court considers that argument to be
ill-founded because the Government was afforded a much longer period, to the detriment of the
petitioner's interest in obtaining a satisfactory result within the established time limits.
73.
The investigation conducted by the Government between 1983 and 1986 concluded that it
was impossible "to reach an unequivocal determination regarding disappearances resulting from
actions attributed to governmental authorities." In this regard, the Government had informed the
Commission, by note of April 7, 1986, that the First Criminal Court had dismissed proceedings
relating to the disappearance of Manfredo Velásquez, a decision that was affirmed by the First
Court of Appeals "except as they applied to General Gustavo Alvarez Martínez, because he had
left the country and had not given testimony." Under the circumstances, it made no sense to
grant new extensions, which would have resulted in even longer periods than those provided for
by the Convention before the matter could be submitted to the Court.
74.
Thus, the Commission's decision to submit the case to the Court in the Resolution
confirming its previous Resolution is not a procedural flaw that diminished the Government's
procedural rights or ability to present its defense. The objection is, therefore, rejected.
75.
Nor is the Government correct in asserting that Resolution 22/86 has allowed the Court
and the Commission to consider the matter simultaneously. The Government argues that, in
confirming Resolution 30/83, the Commission reiterated the recommendations contained therein,
the compliance with which was to be evaluated by the Commission itself, and that it also
submitted the case to the jurisdiction of the Court. In this connection, the Court finds that the
Commission's application to the Court unequivocally shows that the Commission had concluded its
proceedings and submitted the matter for judicial settlement. The presentation of the case to the
Court implies, ipso jure, the conclusion of proceedings before the Commission. Nevertheless, a
friendly settlement between the parties under the terms of Article 42 (2) of the Rules of
Procedure could still, if approved by the Court, lead to the striking of the case from the Court's
docket and the end of the judicial proceedings.
76.
Once an application has been filed with the Court, the provisions of Article 51 regarding
the Commission's drafting of a new report containing its opinion and recommendations cease to
apply. Under the Convention, such a report is in order only after three months have elapsed
since transmittal of the communication referred to in Article 50. According to Article 51 of the