14
of transmission of the Commission’s Article 50 Report. Moreover, the Court has
determined in its jurisprudence that Article 51 of the Convention requires a matter to
be filed before the Court within the three-month period under Article 51, but has
never interpreted said article in a manner that requires the Court to determine its
jurisdiction over the case within this same three-month period.
39)
Given the urgency of the issues raised in the
Court, particularly the legitimacy of the pending
requested that the State should not be permitted to
over the case based upon an erroneous interpretation
Article 51 of the Convention.
present application before the
executions, the Commission
defeat the Court’s jurisdiction
of the procedural period under
Considerations of the Court
40)
The Court finds it appropriate to clarify, in light of the State’s arguments, that
what took place on April 14, 2000 was a notification of the application (supra 20).
Consequently, it should not be interpreted that the three-month time period
stipulated in Article 51(1) of the Convention applies to the Court’s actions in the
exercise of its own jurisdiction, as this emanates from the American Convention.
Article 51(1) only refers to a time limit for the submission of the application to the
Court, and does not directly relate to the Court’s actions relative to the
determination of its jurisdiction. When the text of Article 51(1) says “its jurisdiction
accepted”, this refers to the acceptance of the Court’s jurisdiction on the part of the
State, and not the Court’s actions in the exercise of its own jurisdiction.
41)
For the foregoing considerations, the Court dismisses the first argument of
the State’s preliminary objection, in which it refers to the timeliness of the
application and the “acceptance of jurisdiction” on the part of the Court.
B. LACK OF JURISDICTION OF THE COURT
Arguments of the State
42)
As previously stated by Trinidad and Tobago, the State deposited its
instrument of adherence of the Convention on May 28, 1991, dated April 3, 1991,
recognizing the compulsory jurisdiction of the Court, but subjected this recognition to
a “reservation”. The State’s “reservation” reads that
[a]s regards Article 62 of the Convention, the Government of the Republic of Trinidad
and Tobago, recognizes the compulsory jurisdiction of the Inter-American Court of
Human Rights, as stated in the said article, only to such extent that recognition is
consistent with the relevant sections of the Constitution of the Republic of Trinidad and
Tobago; and provided that Judgment of the Court does not infringe, create or abolish
any existing rights or duties of any private citizen.
43)
The State indicated that Article 75 of the Convention declares that it can only
be subject to reservations in conformity with the provisions of the Vienna Convention
on the Law of Treaties signed on May 23, 1969 (hereinafter “the Vienna
Convention”). In this respect, Article 19 of the same provides
[a] State may, when signing, ratifying, accepting, approving or acceding to a treaty,
formulate a reservation unless:
a)
the reservation is prohibited by the treaty;