7
“month” refers to a calendar month, and that to interpret the expression three months from
Article 51(1) of the Convention as ninety days would be inconsistent with the text and
ordinary meaning of the terms of that provision.
According to the Commission, Article 51(1) should be interpreted in harmony with the spirit
of the provision, which is to offer the State the opportunity to resolve the matter by
complying with the recommendations of the Commission. The Commission concludes that
the period of three months which began on October 20, 1994, expired on January 20, 1995.
Consequently, the application which was transmitted to the Court on January 18, 1995, was
submitted within that period.
26.
The Court will not analyze whether the application was submitted within ninety days
of October 20, 1994, since it is of the opinion that, in accordance with Article 51(1) of the
American Convention, the period of three months should be based on the Gregorian
calendar month, which is to say, from date to date.
27.
Although the question argued in this case has not been raised previously, it has been
the regular practice of the Court to compute the period of three months referred to in Article
51(1) of the Convention from date to date. (Aloeboetoe et al. Case, Judgment of December
4, 1991. Series C No. 11; Gangaram Panday Case, Judgment of January 21, 1994. Series C
No 16; Genie Lacayo Case, Preliminary Objections, Judgment of January 27, 1995. Series C
No. 21; Caballero Delgado and Santana Case, Judgment of December 8, 1995. Series C No.
22; Neira Alegría et al. Case, Judgment of January 19, 1995. Series C No. 20; Maqueda
Case, Resolution of January 17, 1995. Series C No. 18; El Amparo Case, Judgment of
January 18, 1995. Series C No. 19).
28.
In the Caballero Delgado and Santana Case (Caballero Delgado and Santana Case
Preliminary Objections, Judgment of January 21, 1994. Series C No. 17), the Court
inadvertently used the expression “90 days” as the equivalent of “three months” (paragraph
39) when referring to an argument of the Commission, and applied the two expressions
synonymously (paragraph 43). Nevertheless, in that same case, the Court applied the
criteria of three calendar months, as it is in paragraph 39 of that judgment, which applied a
period of three months from October 17, 1991 to January 17, 1992. (if the period had been
computed in days and not by the Gregorian calendar, ninety-three days would have
transpired). Also in the Neira Alegría et al. Case (Neira Alegría et all Case, Preliminary
Objections, Judgment of December 11, 1991. Series C No. 13, paras. 32-34, the Court
applied the period of three months from June 11, 1990 to September 11, 1990. (Three
calendar months made up of ninety-three days)
29.
The Court decides that, in accordance with Article 51(1) of the American Convention,
the Inter-American Commission has a period of three months from the transmission of the
Report referred to in Article 50(1) of the Convention, to submit the case to the Court. The
expression “period of three months” should be understood in its ordinary meaning.
According to the Dictionary of the Royal Academy of the Spanish Language, “period” “[is
the] term or time indicated for something” and “month” “[is the] number of consecutive
days from the one indicated to another of the same date in the following month.”
Additionally, the Vienna Convention on the Law of Treaties [Article 31(1)] considers in its
rules of interpretation, the ordinary meaning of the words, as well as the context, and the
object and purpose of the treaty (see infra para. 40).
30.
In the majority of the legislation of Latin American countries, it is established that the
first and last day of a period of months or years should have the same numbering in the