2
5.
On September 24, 1990, in response to the Commission’s Report 43/90, the
Government transmitted to the Commission a report with three attachments.
In the aforementioned report, the Government of Peru requested that
Commission set aside Report 43/90, due to the lack of jurisdiction of
Commission. (This fact has already been evaluated and is addressed in point IV.
the preceding vote, which finds the objection of lack of jurisdiction of
Commission to be well-founded.)
6.
At Meeting 1085
Commission “decided to
obligatory jurisdiction of
because it considered the
the
the
7 of
the
of October 5, 1990, held during its 78th Session, the
reconfirm its original decision to submit the case to the
the Court” (page 21 of the Preliminary Objections file)
Government’s reply to be unsatisfactory.
7.
On October 10, 1990, the Commission submitted Case 10.078 to the Court.
II.
Normative Provisions
1.
The Convention
CHAPTER VII-THE INTER-AMERICAN COMMISSION
ON HUMAN RIGHTS
[. . .]
Section 4. Procedure
[. . .]
Article 51
1. If, within a period of three months from the date of the
transmittal of the report of the Commission to the states concerned,
the matter has not either been settled or submitted by the
Commission or by the state concerned to the Court and its jurisdiction
accepted, the Commission may, by the vote of an absolute majority of
its members, set forth its opinion and conclusions concerning the
question submitted for its consideration.
[. . .]
2.
Statute of the Commission
IV. FUNCTIONS AND POWERS
Article 19
With respect to the States Parties to the American Convention
on Human Rights, the Commission shall discharge its duties in