3
PETITIONS AND COMMUNICATIONS REGARDING STATES
PARTIES TO THE AMERICAN CONVENTION ON HUMAN RIGHTS
Article 34. Initial Processing
[. . .]
6. The government of the State in question may, with justifiable cause, request
a 30 day extension, but in no case shall extensions be granted for more than 180 days
after the date on which the first communication is sent to the government of the State
concerned.
[. . .]
Article 47. Proposals and Recommendations
[. . .]
2. If, within a period of three months from the date of the transmittal of the
report of the Commission to the States concerned, the matter has not been settled or
submitted by the Commission, or by the State concerned, to the Court and its
jurisdiction accepted, the Commission may, by the vote of an absolute majority of its
members, set forth its opinion and conclusions concerning the question submitted for its
consideration.
[. . .]
Article 50. Referral of the Case to the Court
1. If a State Party to the Convention has accepted the Court’s jurisdiction in
accordance with Article 62 of the Convention, the Commission may refer the case to the
Court, subsequent to transmittal of the report referred to in Article 46 of these
Regulations to the government of the State in question.
III.
Case Law
1.
59. [. . .] the case is ripe for submission to the Court pursuant to the terms of
Article 51 of the Convention, provided that all other requirements for the
Court to exercise its contentious jurisdiction have been met. (Velásquez
Rodríguez Case, Preliminary Objections, Judgment of June 26, 1987.
Series C No. 1, para. 59; Fairén Garbi and Solís Corrales Case,
Preliminary Objections, Judgment of June 26, 1987. Series C No. 2,
para. 59; and, Godínez Cruz Case, Preliminary Objections, Judgment
of June 26, 1987. Series C No. 3, para. 62.)
2.
62. Article 51 of the Convention, in turn, reads:
1.
If, within a period of three months from the date of the transmittal of
the report of the Commission to the states concerned, the matter has not either
been settled or submitted by the Commission or by the state concerned to the
Court and its jurisdiction accepted, the Commission may, by the vote of an
absolute majority of its members, set forth its opinion and conclusions
concerning the question submitted for its consideration.
2.
Where
appropriate,
the
Commission
shall
make
pertinent
recommendations and shall prescribe a period within which the state is to take
the measures that are incumbent upon it to remedy the situation examined.
3.
When the prescribed period has expired, the Commission shall decide
by the vote of an absolute majority of its members whether the state has taken
adequate measures and whether to publish its report.