13
unilaterally terminated, the pertinent rules of the law of treaties must be applied.
Those rules clearly preclude any possibility of a termination or “release” with
“immediate effect”.
54.
For the foregoing reasons, the Court considers inadmissible Peru’s purported
withdrawal of the declaration recognizing the contentious jurisdiction of the Court
effective immediately, as well as any consequences said withdrawal was intended to
have, among them the return of the application, which is irrelevant.
55.
Given the foregoing, the Court considers that it must continue to adjudicate
the Ivcher Bronstein case in accordance with Article 27 of its Rules of Procedure.
VI
OPERATIVE PARAGRAPHS
56.
Now therefore,
THE COURT
DECIDES
unanimously
1.
To declare that:
a.
The Inter-American Court of Human Rights is competent to take up the
present case;
b.
Peru’s purported withdrawal of the declaration recognizing the
contentious jurisdiction of the Inter-American Court of Human Rights is
inadmissible.
2.
To continue to examine and process the instant case.
3.
To commission its President, at the appropriate time, to convene the State
and the Inter-American Commission on Human Rights to a public hearing on the
merits of the case, to be held at the seat of the Inter-American Court of Human
Rights.
4.
To notify Peru and the Inter-American Commission on Human Rights of this
judgment.
Done in Spanish and English, the Spanish version being authentic, in San José, Costa
Rica, on the 24thday of September 1999.