5
Corrales Case, supra 1, para. 63; and, Godínez Cruz Case, supra 1,
para. 66.)
IV.
Conclusions and Vote
1.
The Commission had the opportunity to submit case 10.078 to the Court until
September 11, 1990.
2.
Since the request for an extension presented by the Government of Peru is
not contemplated in the normative provisions in force, it was not only inadmissible
but also relied erroneously on Article 34(6) of the Regulations of the Commission, a
provision that governs a different stage of the proceedings and is not here
applicable. The Commission should have denied the request and pointed out that
the period of three months still had 20 days to run before its expiration. And
furthermore, it lacked authority to grant an extension of this term fixed in a treaty.
3.
In extending a period fixed by the Convention, the Commission not only
exceeded the bounds of its jurisdiction, but also, by so doing, placed itself in a
position that made it legally impossible to submit the case to the Court. It did not,
however, lose its power to sanction Peru through the publication of its report.
4.
The authority to extend or prolong the 90 day period is not granted to the
Commission in any article of the Convention, nor does the latter contemplate the States
requesting such an extension.
5.
Accordingly, it has been demonstrated that in handling this petition the
Commission exceeded the powers granted it by the Convention, its Statute and its
Regulations.
NOW, THEREFORE:
I vote that the Court hold:
First. The preliminary objection of expiration of the application interposed by the
Government of Peru to be well-founded, given that the Commission submitted case
10.078 to the Court after the expiration of the period established in Article 51(1) of
the Convention; and
Second.
That the Neira Alegría et al. case be dismissed.
In signing this vote, I call on the Honorable Inter-American Court of Human Rights to
exhort the Inter-American Commission on Human Rights to comply with the
American Convention on Human Rights, its Statute and its Regulations, to ensure an
adequate protection of human rights without undermining the health of the
institutions of the inter-American system.
San Jose, December 11, 1991.