5
22.
Article 30(3) of the Rules states that: “A Memorial shall contain a statement
of the relevant facts, a statement of law, and the submissions.”
23.
The instant case was referred to the Court by means of an application filed by
the Commission on August 27, 1990. It was duly signed by the Executive Secretary
of the Commission. According to the Rules, the memorial is not the document that
brings the case before the Court but is, rather, the first procedural act that initiates
the written part of the proceedings before the Court.
24.
The relevant procedural norms applicable to this case do not establish, either
as a formality or as a requirement for presentation, that the memorial must be
signed. It goes without saying that all documents presented to the Court should
bear a signature and that the Commission should have made sure that this was so in
the instant case; however, the omission does not constitute non-compliance of a
requirement, since the Rules do not require it. Here, moreover, it has been
established that the memorial was sent by the Commission, leaving no doubt as to
its authenticity.
25.
The Government’s second contention, based on Articles 2(1) and 3(1) of the
Statute of the Commission, Article 71(4) of the Regulations of the Commission and
Article 21 of the Rules of the Court, was that the Commission had failed to comply
with the aforementioned provisions by naming as Delegates the Executive Secretary
and Assistant Executive Secretary who, while members of the staff of the
Commission, are not members of the Commission as such.
26.
The Commission responded that “[t]he delegates of the Commission were
duly elected by the Commission itself at the appropriate time, and this fact was
communicated to the Government.” The Commission argued that, in order to enjoy
a degree of flexibility in its actions, it had appointed a team comprising various
Delegates, including one of its members, the Executive Secretary and the Assistant
Executive Secretary, and that a similar procedure had been followed in other cases
decided by the Court.
27.
Article 21 of the Rules provides that: “The Commission shall be represented
by the delegates whom it designates. These delegates may, if they so wish, have
the assistance of any person of their choice.” Therefore, the Court holds that the
Commission fulfilled the requirements spelled out therein.
The same argument is applicable to the appointment of the victim’s lawyer as a
member of the Commission’s delegation.
V
28.
The Government presented the following preliminary objections:
a.
“Abuse of the Rights conferred by the Convention” on the Commission,
b.
non-exhaustion of domestic remedies, and,
c.
non-compliance of the provisions contained in Articles 47 to 51 of the
Convention.