8
respective months. The period of a month could, therefore, be of 28, 29, 30, or 31 days.
The Law of the Judiciary of Guatemala, approved by Decree 289 of January 10, 1989,
establishes in Chapter V, Article 45, letter c) that “months and years are calculated by the
number of days which correspond to them in the Gregorian calendar. Years and months end
on the eve of the date on which they began to be counted.”
In view of the foregoing, the Court rejects the first preliminary objection interposed by the
Government.
VI
31.
The Government maintains in its second preliminary objection, that the introduction
of the application via fax and without the transmittal of the ten copies referred to in Article
26 of the Rules of Procedure, constitutes an omission “of the legal requirements that must
be fulfilled to refer a case to the Court.”
32.
In respect to the first of the arguments of this preliminary objection, the Court,
having made a preliminary study of the files on this point, makes the following observations:
in the cases involving Honduras, the applications were received on April 24, 1986 by telex;
in the Aloeboetoe et al. Case and the Gangaram Panday Case both applications were
received by fax on August 27, 1990, and on April 1, 1991, the memoranda together with the
original documentation was received via courier; the Neira Alegría et al. Case was received
on October 10, 1990, when the application was submitted together with Report 43/90 of
May 14, 1990 and the memorial was submitted by fax on March 28, 1991; the Cayara Case
was received on June 3, 1991, via fax and on June 7, 1991, the original documents were
received by courier, and on February 14, 1992, the Court received via courier a second
application together with the original documentation.
33.
In the Caballero Delgado and Santana Case, the proceedings were initiated in
accordance with the current Rules of Procedure. In that case, the application was received
by fax on December 24, 1992, and on January 4, 1993, ten copies of the original application
with their attachments were received; the Genie Lacayo Case was submitted on January 6,
1994, by fax, and on January 12, 1994, the ten copies of the original application and the
attachments were delivered by courier; the El Amparo Case was received on January 16,
1994, by fax, and on January 21, 1994, the ten copies of the original application and the
attachments were received; the Maqueda Case was submitted by fax on May 25, 1994, and
on June 2, 1994, ten copies of the original application and its attachments were received;
the Castillo Páez Case came in by fax on January 13, 1995, and on January 17, 1995, ten
copies of the original application with attachments were received by courier; the Loayza
Tamayo Case was submitted by fax on January 12, 1995, and on January 17, 1995, ten
copies of the original application and the attachments were delivered by courier; the Garrido
and Baigorria Case was filed on May 29, 1995, by fax and on June 5, 1995, the original
application and its attachments were received by courier; the Blake Case was received on
August 3, 1995, via fax, and on August 11, 1995, the original application and its
attachments were received by courier; and the Suárez Rosero Case was filed by fax on
December 22, 1995, and on January 5, 1996, the original documents together with the
attachments were received.