10
X
51.
At the hearing, the Government pursued a similar line of reasoning, arguing that, pursuant
to Article 48 (1) (e) of the Convention and before adopting Resolution 30/83, the Commission was
obligated to hold a preliminary hearing to clarify the allegations. In that Resolution, the
Commission accepted the allegations as true, based on the presumption set forth in Article 42
(formerly 39) of its Regulations.
52.
The Commission contended that neither Article 48 (1) (e) of the Convention nor Article 43
of its Regulations require a preliminary hearing to obtain additional information before the
issuance of the report and that, moreover, the Government did not request such a hearing.
53.
The Court holds that a preliminary hearing is a procedural requirement only when the
Commission considers it necessary to complete the information or when the parties expressly
request a hearing. At the hearing, the Commission may ask the representative of the respondent
State for any relevant information and, upon request, may also receive oral or written
submissions from the interested parties.
54.
Neither the petitioners nor the Government asked for a hearing in the instant case, and
the Commission did not consider one necessary.
55.
Consequently, the Court rejects the preliminary objection raised by the Government.
XI
56.
In its motion concerning admissibility, the Government asked the Court to rule that the
case should not have been referred to the Court, under Article 61 (2) of the Convention, because
the Commission had not exhausted the procedures established in Articles 48 to 50 of the
Convention. The Government also referred to the absence of any attempt to bring about a
friendly settlement under the terms of Article 48 (1) (f), an issue which has already been dealt
with by the Court (supra 42-46), and to other aspects of the handling of this case which, in the
Government's opinion, did not meet the requirements of Articles 50 and 51 of the Convention.
The Court will analyze the grounds for the latter contentions after making some general
observations on the procedure set forth in Articles 48 to 50 of the Convention and the relationship
of these provisions to Article 51. This analysis is necessary in order to place the Government's
objections within the legal context in which they must be decided.
57.
Article 61 (2) of the Convention provides:
In order for the Court to hear a case, it is necessary that the procedures set forth in Articles 48 to 50 shall
have been completed.
58.
Notwithstanding the statements made in paragraphs 29 and 30, the procedures set forth
in Articles 48 to 50 of the Convention must be exhausted before an application can be filed with
the Court. The purpose is to seek a solution acceptable to all parties before having recourse to a
judicial body. Thus, the parties have an opportunity to resolve the conflict in a manner respecting
the human rights recognized by the Convention before the application is filed with the Court and
decided in a manner that does not require the consent of the parties.
59.
The procedures of Articles 48 to 50 have a broader objective as regards the international
protection of human rights:
compliance by the States with their obligations and, more
specifically, with their legal obligation to cooperate in the investigation and resolution of the
violations of which they may be accused. Within this general goal, Article 48 (1) (f) provides for
the possibility of a friendly settlement through the good offices of the Commission, while Article