5 5. Accordingly, it has been demonstrated that in handling this petition the Commission exceeded the powers granted it by the Convention, its Statute and its Regulations. NOW, THEREFORE: I vote that the Court hold: First. The preliminary objection of expiration of the application interposed by the Government of Peru to be well-founded, given that the Commission submitted case 10.078 to the Court after the expiration of the period established in Article 51(1) of the Convention; and Second. That the Neira Alegría et al. case be dismissed. In signing this vote, I call on the Honorable Inter-American Court of Human Rights to exhort the Inter-American Commission on Human Rights to comply with the American Convention on Human Rights, its Statute and its Regulations, to ensure an adequate protection of human rights without undermining the health of the institutions of the inter-American system. San Jose, December 11, 1991. Jorge Eduardo Orihuela-Iberico Ad hoc Judge Manuel E. Ventura-Robles Secretary