6
find a violation of the rights to life (Article 4), to humane treatment (Article 5) and
to personal liberty (Article 7) guaranteed by the Convention. It also asks the
Court to rule that the consequences of the situation that constituted the breach of
such right or freedom be remedied and that fair compensation be paid to the
injured party or parties.
IV
27.
The Court has jurisdiction to hear the instant case. Honduras has been a Party to the
Convention since September 8, 1977, and recognized the contentious jurisdiction of the Court, as
set out in Article 62 of the Convention, on September 9, 1981.
V
28.
Before considering each of the above objections, the Court must define the scope of its
jurisdiction in the instant case. The Commission argued at the hearing that because the Court is
not an appellate tribunal in relation to the Commission, it has a limited jurisdiction that prevents it
from reviewing all aspects relating to compliance with the prerequisites for the admissibility of a
petition or with the procedural norms required in a case filed with the Commission.
29.
That argument does not find support in the Convention, which provides that the Court, in
the exercise of its contentious jurisdiction, is competent to decide "all matters relating to the
interpretation or application of (the) Convention" (Art. 62 (1)). States that accept the obligatory
jurisdiction of the Court recognize that competence.
The broad terms employed by the
Convention show that the Court exercises full jurisdiction over all issues relevant to a case. The
Court, therefore, is competent to determine whether there has been a violation of the rights and
freedoms recognized by the Convention and to adopt appropriate measures. The Court is likewise
empowered to interpret the procedural rules that justify its hearing a case and to verify
compliance with all procedural norms involved in the "interpretation or application of (the)
Convention." In exercising these powers, the Court is not bound by what the Commission may
have previously decided; rather, its authority to render judgment is in no way restricted. The
Court does not act as a court of review, of appeal or other similar court in its dealings with the
Commission. Its power to examine and review all actions and decisions of the Commission
derives from its character as sole judicial organ in matters concerning the Convention. This not
only affords greater protection to the human rights guaranteed by the Convention, but it also
assures the States Parties that have accepted the jurisdiction of the Court that the provisions of
the Convention will be strictly observed.
30.
The interpretation of the Convention regarding the proceedings before the Commission
necessary "for the Court to hear a case" (Art. 61(2)) must ensure the international protection of
human rights which is the very purpose of the Convention and requires, when necessary, the
power to decide questions concerning its own jurisdiction. Treaties must be interpreted "in good
faith in accordance with the ordinary meaning to be given to the terms of the treaty in their
context and in the light of its object and purpose" (Art. 31(1) of the Vienna Convention on the
Law of Treaties). The object and purpose of the American Convention is the effective protection
of human rights. The Convention must, therefore, be interpreted so as to give it its full meaning
and to enable the system for the protection of human rights entrusted to the Commission and the
Court to attain its "appropriate effects." Applicable here is the statement of The Hague Court:
Whereas, in case of doubt, the clauses of a special agreement by which a dispute is referred to the Court
must, if it does not involve doing violence to their terms, be construed in a manner enabling the clauses
themselves to have appropriate effects (Free Zones of Upper Savoy and the District of Gex, Order
of 19 August 1929, P.C.I.J., Series A, No. 22, p. 13).