6
Article 48(1)(f), for the simple reason that the States Parties should not be placed in the
uncomfortable situation of having to request a friendly settlement, something that could be
interpreted as a prior confession of their responsibility, with all the political and procedural risks
that would entail.
22.
The Government alleges that the Commission improperly attempts to apply to the instant
case the opinion expressed by the Court in its judgment of June 26, 1987, on the preliminary
objections in the Velásquez Rodríguez Case, pointing out that the circumstances that led to that
decision are substantially different from those of the instant case; in the former, the Government
of Honduras repeatedly denied that government or military authorities had ever participated in the
forced disappearance of the victim and went so far as to deny that the disappearance had ever
taken place. In the instant case, the Government has declared that
at no time did it deny the actual material fact of the forced disappearance of a person. In addition, the
various judicial proceedings brought with a view to finding the victim and identifying the authors of that
act indicate an acknowledgment of the fact that Colombian military authorities could have taken part in
the violations of individual rights. The focus of the dispute between the Government of Colombia and
the Commission has to do with the identity of the persons responsible for the violations and whether the
national judicial authorities duly fulfilled their obligations to detain those persons or to impose the
corresponding sanctions.
23.
In both its written response to the preliminary objections and in the hearing on that
subject, the Commission, in turn, basically affirmed that ever since the Court’s judgment of June
26, 1987, on the preliminary objections filed by the Government of Honduras in the Velásquez
Rodríguez Case, it has been firmly established that the friendly settlement procedure
contemplated by the Convention must not be deemed to be a compulsory step for the
Commission, but, rather, must be seen as an option that is open to the parties and to the
Commission itself, depending on the conditions and characteristics of each individual case. In
addition, the Commission claims that the abovementioned judgment confirmed the soundness of
Article 45 of its Regulations in the sense that it does not contradict the Convention but, on the
contrary, correctly implements Article 48(1)(f) thereof.
24.
The Commission also points out that, in the Velásquez Rodríguez Case, the Court abstained
from evaluating the conduct of the Government of Honduras in its dealings with the Commission
and whether the claims of the parties had been presented with sufficient clarity and precision,
because the fundamental issue was that the Commission was not under the obligation to always
initiate the friendly settlement procedure.
25.
The Court notes that the Commission and the Government each have a different
interpretation of Articles 48(1)(f) of the Convention and 45 of the Commission’s Regulations, as
also of the scope of the criterion established by the Court in ruling on the preliminary objections
interposed by the Government of Honduras in the Velásquez Rodríguez, Godínez Cruz, and Fairén
Garbi and Solís Corrales Cases, as contained in its judgments of June 26, 1987, which are all
similar in that respect.
26.
In the three cases mentioned, the Court determined that:
Taken literally, the wording of Article 48(1)(f) of the Convention stating that ‘the Commission shall place
itself at the disposal of the parties concerned with a view to reaching a friendly settlement’ would seem
to establish a compulsory procedure. Nevertheless, the Court believes that, if the phrase is interpreted
within the context of the Convention, it is clear that the Commission should attempt such friendly
settlement only when the circumstances of the controversy make that option suitable or necessary, at
the Commission’s sole discretion. (Velásquez Rodríguez Case, Preliminary Objections, Judgment
of June 26, 1987. Series C No. 1, para. 44; Fairén Garbi and Solís Corrales Case, Preliminary
Objections, Judgment of June 26, 1987. Series C No. 2, para. 49; and, Godínez Cruz Case,
Preliminary Objections, Judgment of June 26, 1987. Series C No. 3, para. 47.)