6
IV
23. Before examining the preliminary objections filed by the Government, it is appropriate
to consider a previous matter raised by both parties, both in writing and at the hearing,
concerning the admissibility of the filing of those objections.
24. The Government, in its brief dated March 24, 1995, received at this Tribunal on April
3, 1995, claims to have presented the preliminary objections in good time. In support of
this claim, it argued that there was a distinction between the deadline established in the
Rules of Procedure of this Court for answering to the application [Article 29(1)], set at three
months, and the deadline for filing preliminary objections [Article 31(1)], set at thirty days,
proving that there was a difference, well supported by procedural doctrine, between dates
established in days and those established in months or years; whereas the former include
only working days, the latter are reckoned in calendar days.
25. The Government adds that this difference is consistent with Peru's legislation and
jurisprudence whereby procedural periods established in days are reckoned excluding nonworking days; however, when the reference is to months or years those days are included;
in other words, they are calendar days. The Government concluded that in the Rules of
Procedure of this Court a clear distinction is drawn between the period for answering the
application and the period for filing preliminary objections, with the deliberate intention of
following the generally accepted procedure that when a period is indicated in months it
includes all the days in the Gregorian calendar, holidays and working days alike, but that
when it is established in days -as is the case with preliminary objections- only working days
are taken into account. According to that hypothesis, the brief of preliminary objections had
been presented on time.
26. The Inter-American Commission, for its part, in its brief received by the Court on April
27, 1995, requested that the brief presented by Peru on March 24 be declared inadmissible,
on the grounds that it had not been presented within the deadline established by the Rules
of Procedure of this Court. The Commission maintains that the Government received
notification of the application on February 13, 1995, so that when the preliminary objection
was presented on March 24, 1995, -without any request for a deferment or extension of the
deadline- the period of thirty days established in Article 31(1) of the Rules of Procedure had
long expired, and, consequently, Peru's right to file the objection had been extinguished.
27. The Commission invoked the thesis sustained by the Court in the Cayara case, to the
effect that the Court “must preserve a fair balance between the protection of human rights,
which is the ultimate purpose of the system, and the legal certainty and procedural equity
that will ensure the stability and reliability of the international protection mechanism”
(Cayara Case, Preliminary Objections, Judgment of February 3, 1993. Series C, No. 14, para.
63). Hence, should the brief of preliminary objection presented extemporaneously be
admitted, those principles would be violated.
28. As far as the above allegations are concerned, the Court considers those made by the
Government regarding the presentation of their preliminary objections to be unfounded, on
the ground that although the period established in Article 31(1) of the Rules of Procedure is
thirty days, whereas the deadline for answering the application is three months, the