13
interpretative criteria according to which “the express mention of a circumstance
excludes all others” and “the special mention precludes an extensive interpretation.”
50.
The Tribunal observes that Article XIII of the CIDFP indicates that petitions shall
be subject to the procedural provisions of the Commission and of the Court; and that
because of this, violations to such Convention have been declared in several cases.30
51.
Also, Article 8 of the CIPST authorizes access “to the international fora whose
jurisdiction has been recognized by [the] State” to which the violation of this treaty
has been attributed. This Convention does not mention the Inter-American Court in
any of its Articles. Nevertheless, the Court has declared the violation of this treaty in
several cases using a means of complementary interpretation (the preparatory work)
to overcome the possible ambiguity of the provision.31
52.
The Court finds that, contrary to the arguments submitted by Mexico, the
Convention of Belém do Pará mentions the Court’s jurisdiction even more explicitly
than the CIPST, because it alludes expressly to the provisions that allow the
Commission to forward said cases to the Court.
53.
The State also alleged that, although the Convention of Belém do Pará indicates
that the Commission should examine petitions in accordance with the norms and
procedures established in the American Convention, “this can only mean that it should
abide by the provisions of Section 4 of Chapter VII of the American Convention,”
because “that is where the rules governing the procedure for an individual petition are
established.” Mexico alleged that the fact that the Commission is able to submit a case
to the Court “should not be confused” with the individual petition procedure. To the
contrary, the State indicated that “Article 12 of the Convention of Belém do Pará is the
one according to which the Commission exercises its quasi-jurisdictional functions,”
and that “the fact that the processing of a petition before the Inter-American
Commission could give rise to a case before the Court […] does not imply that the
procedure before the Commission depends on the proceedings before the Court,”
which “is evident because the conclusion of a petition is not always a judgment of the
Court.”
54.
Based on a systematic interpretation, there is nothing in Article 12 to indicate
the possibility that the Inter-American Commission should apply Article 51 of the
American Convention only partially. It is true that the Inter-American Commission can
decide not to forward a case to the Court, but there is no provision in the American
Convention or in Article 12 of the Convention of Belém do Pará that prohibits a case
being forwarded to the Court if the Commission so decides. Article 51 is clear on this
point.
55.
The Court reiterates its jurisprudence on the “institutional integrity of the
protection system enshrined in the American Convention.” This means, on the one
hand, that submitting a case to the consideration of the Court with regard to a State
Party that has accepted its contentious jurisdiction entails prior examination of the
matter by the Commission.32 On the other hand, the jurisdiction assigned to the
30
Cf. Case of Gómez Palomino v. Peru. Merits, Reparations and Costs. Judgment of November 22,
2005. Series C No. 136, para. 110; Case of Ticona Estrada et al. v. Bolivia, supra note 24, para. 85, and
Case of Anzualdo Castro v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of
September 22, 2009. Series C No. 202, para. 61.
31
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of
November 19, 1999. Series C No. 63, paras. 247 and 248.
32
Cf. Matter of Viviana Gallardo et al. Series A No.G 101/81, paras. 12(b), 16, 20, 21 and 22, and
Case of Acevedo Jaramillo et al. v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of
February 7, 2006. Series C No. 144, para. 174.