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lack of status as a legal entity of the party that, in the name of the Fundación
de Ayuda Social de las Iglesias Cristianas (FASIC), filed petition No. 11.319
with the Inter-American Commission on Human Rights against the Peruvian
State and lack of standing of the aforementioned foundation.
76.
In this regard, the Court summarizes the arguments of the State and the
Commission as follows:
a.
The State asserted that a party who takes action in the name of or in
representation of a legal entity, must be duly authorized under the bylaws of
that entity or have its express authorization. Neither Verónica Reyna nor
FASIC were accredited respectively as representatives or recognized as a non
governmental organization in Chile. During the public hearing, the State
added that it was not questioning the existence of this foundation nor the
legal capacity of the person who lodged the complaint in its name.
b.
The Commission responded that it did not ask the foundation to “establish its
legal capacity when it lodged the complaint in this case, because it is an
organization known to the Commission,” which appears in the Guide to Non
Governmental Human Rights Organizations, published in 1991 by the InterAmerican Institute of Human Rights of San José, Costa Rica. During the
public hearing, the Commission indicated that it had always “broadly
interpreted Article 44 so as not to require the existence of a power of
attorney or specific representation; it is sufficient that the action is taken by
a group of persons.”
77.
As to this objection, the Court takes note that irrespective of the examination
that it could make, if it were necessary, of the existence and authority of FASIC and
of the person who took action in its name, it is clear that Article 44 of the Convention
permits any group of persons to lodge petitions or complaints of the violation of the
rights set forth in the Convention. This broad authority to make a complaint is a
characteristic feature of the system for the international protection of human rights.
In the present case, the petitioners are a “group of persons,” and therefore, for the
purpose of legitimacy, they satisfy one of the possibilities set forth in the
aforementioned Article 44.
The evident authority in this instance makes it
unnecessary to examine the registration of FASIC, and the relationship that said
foundation has or is said to have with those who act as its representatives. This
consideration is strengthened if it is remembered that, as the Court has stated on
other occasions, the formalities that characterize certain branches of domestic law do
not apply to international human rights law, whose principal and determining
concern is the just and complete protection of those rights. In other words, "failure
to observe certain formalities is not necessarily relevant when dealing on the
international plane. What is essential is that the conditions necessary for the
procedural rights of the parties not be diminished or unbalanced, and that the
objectives of the different procedures be met.”
(Vélasquez Rodríguez Case,
Preliminary Objections, supra 56, paras. 33 and 34; Fairén Garbi and Solís Corrales
Case, Preliminary Objections, supra 56, paras. 38 and 39; Godínez Cruz Case,
Preliminary Objections, supra 56, paras. 36 and 37; Paniagua Morales et. al. Case,
Preliminary Objections, Judgment of January 25, 1996. Series C No. 23, para. 42,
and Caballero Delgado and Santana Case, Preliminary Objections, supra note 56,
para. 44). The International Court of Justice has spoken to this issue in stating that
the Court, “whose jurisdiction is international, is not bound to attach to matters of
form the same degree of importance which they might possess in municipal law