7
December 5, 1986, the Court of Constitutional Guarantees decided on
appeal the petition of habeas corpus that had been initially submitted
to the Trial Judge for Lima on July 16, 1986. The decision of the Court
of Constitutional Guarantees was published in the Official Gazette “El
Peruano” on January 14, 1987, thus concluding the exhaustion of
domestic remedies.
When the petition was lodged, assuming it was on August 1,
1987, more than six months had elapsed since the exhaustion of
domestic remedies, that being the period fixed in paragraph (b) of
Article 46 of the Inter-American Convention on Human Rights
governing the jurisdiction of the Commission.
Consequently, the
Government of Peru considers that the Commission, motu propio (sic),
should have declared the petition inadmissible pursuant to Article 47,
paragraph (a), of the Convention on Human Rights, which provides
that the Commission shall proceed thus when:
‘Any of the requirements indicated in Article 46 has not been
met.’
NOW, THEREFORE:
I vote that the Court hold:
First.
The preliminary objection of lack of jurisdiction on the part of the
Commission interposed by the Government of Peru to be well-founded, given that
the petition or complaint was admitted after the expiration of the period established
in Article 46(1)(b) of the Convention; and
Second.
That the Neira Alegría et al. case be dismissed.
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