6
21. The Court is competent to hear the instant case. Peru ratified the Convention on July
28, 1978, and accepted the jurisdiction of the Court on January 21, 1981.
IV
22. Before examining the preliminary objection brought by the Government, it is
appropriate to consider a previous matter raised by both parties, in writing and at the
hearing, concerning the admissibility of the filing of the objection.
23. On March 22, 1995, the Commission requested the Court to rule that the
Government's right to file preliminary objections had been extinguished, on the grounds that
the period of thirty days for filing them had already expired. In its brief of March 24, 1995,
received at this Court on April 3, the Government alleged that it had presented the
preliminary objection on 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.
24. The Government also contends that this difference is consistent with Peru's legislation
and jurisprudence whereby procedural periods established in days are reckoned excluding
non-working 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.
25. On April 24, 1995, the Inter-American Commission, for its part, reiterated its request
of March 22, 1995, and also asked 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.
26. The Commission invoked the thesis sustained by the Court in the Cayara case, to the
effect that “there must be 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 certainty and reliability of the international protection mechanism” (Cayara Case,