9
38.
The Commission, for its part, maintains that the Government’s assertion that the threemonth period governed by Article 51(1) of the Convention must be considered to be obligatory in
character is incorrect because the Court, in its judgment of December 11, 1991, on preliminary
objections in the Neira Alegría et al. Case, found that since that period may be extended it cannot
be deemed to be obligatory. The Commission adds that the extension occurred because the
Government requested the reconsideration of Report Nº 31/91 before the expiration of the period
fixed in that report.
On the other hand, this petition cannot be dismissed by arguing that it was not applicable because
a request for reconsideration can only be interposed by States that are not Parties to the
Convention. In ruling on the preliminary objections in the Velásquez Rodríguez Case, the Court
found that although the request for reconsideration is not contemplated in the Convention and
Article 54 of the Commission’s Regulations reserves that proceeding for States that are not
Parties, it does conform to the spirit and aims of the Convention (Velásquez Rodríguez Case,
Preliminary Objections, supra 26, para. 69; Fairén Garbi and Solís Corrales Case,
Preliminary Objections, supra 26, para. 69; and, Godínez Cruz Case, Preliminary
Objections, supra 26, para. 72). In addition, according to the Neira Alegría et al. Case, the
basic principles of good faith that govern the international law of human rights dictate that one
may not request something of another and then challenge the grantor’s powers once the request
has been complied with (Neira Alegría et al. Case, Preliminary Objections, Judgment of
December 11, 1991. Series C No. 13, para. 35).
39.
The Commission argues that the Government’s assertion that the request for
reconsideration was submitted after the expiration of the 90- day term beginning on the date of
approval of Report Nº 31/91, that is, on September 26, 1991, is incorrect.
According to the
Commission, that calculation is erroneous because the report was transmitted to the Government
on October 17 of that year and that is the date from which the period starts to run. Furthermore,
since the reconsideration request was presented on January 16, 1992, it was introduced one day
prior to the expiration of the period at issue, based on the case law of the Court which has
determined that the 90 days shall begin to run on the date of transmittal of the relevant
recommendations to the Government in question.
40.
In the Commission’s judgment, Colombia’s argument that the reconsideration was rejected
in February 1992, is also not sound, since the decision made on that date resulted in the
suspension of the adoption of Report Nº 31/91 as final. Consequently, the stage governed by
Article 50 of the Convention had been neither abandoned nor surpassed. The phrase about the
report not having become ineffective means that it had not been revoked. In his clarification of
February 28, 1992, the President of the Commission advised the Government that the suspension
of the report was intended to provide Colombia with a new opportunity to comply with the
recommendations contained therein.
41.
The Commission also considers unacceptable the Government’s argument that the
February 1992 decision implied that the proceedings relating to the document contemplated in
Article 51 of the Convention had already begun and that, therefore, the opportunity to refer the
case to the Court had been lost. According to the Commission, that decision merely granted an
extension to decide on the issue; that decision was made by the Commission during its session of
September 1992.
42.
This objection comprises several issues. First, the Court does not share the Government’s
position that the period established under Article 51(1) of the Convention is obligatory in
character, for this Tribunal has held that it may be extended (Neira Alegría et al. Case,
Preliminary Objections, supra 38, paras. 32-34).