10
The Court has determined that
Article 51(1) provides that the Commission must decide within the three months following the
transmittal of its report whether to submit the case to the Court or to subsequently set forth its own
opinion and conclusions, in either case when the matter has not been settled. While the period is
running, however, a number of circumstances could develop that would interrupt it or even require the
drafting of a new report or the resumption of the period from the beginning. In each case it will be
necessary to conduct an analysis to determine whether or not the time limit expired and what
circumstances, if any, could reasonably have interrupted the period. (Cayara Case, Preliminary
Objections, Judgment of February 3, 1993. Series C No. 14, para. 39.)
43.
In this context, the request for reconsideration presented by the Government on January
16, 1992, could interrupt the 90-day period granted by the Commission to Colombia to enable it
to comply with the recommendations of Report Nº 31/91. The controversy over whether that
request was submitted before or after expiration of the 90 days can be explained by Article 51(1)
of the Convention, which clearly provides that the period in question begins to run on the date of
transmittal to the Government, for it is only then that the latter is apprised of the report and of
the recommendations contained therein.
Under those circumstances, the request for
reconsideration was presented one day before the expiration of the term, which ended on January
17, 1992.
44.
In accepting the preliminary objections interposed by Peru in the Cayara Case, the Court
indicated that despite the fact that
[i]t is generally accepted that the procedural system is a means of attaining justice and that the latter
cannot be sacrificed for the sake of mere formalities, [k]eeping within certain timely and reasonable
limits, some omissions or delays in complying with procedure may be excused, provided that a suitable
balance between justice and legal certainty is preserved. (Cayara Case, Preliminary Objections,
supra 42, para. 42.)
And later added:
The Court must preserve 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 stability and
reliability of the international protection mechanism [because, to act otherwise,] would result in a loss of
the authority and credibility that are indispensable to organs charged with administering the system for
the protection of human rights. (ibid., para. 63.)
45.
The Government has interposed this second objection on the ground that the Commission
accepted an “untimely” request for reconsideration of the report presented by the Government
itself pursuant to an article that was inapplicable, because it refers to States that are not Parties
to the Convention. Regardless of the fact that, as has already been stated, the request was not
out of time under Article 51(1) of the Convention, the Court must here recall what it already held
in a previous case with regard to the good faith that should govern these issues (Neira Alegría
et al. Case, supra 38, para. 35) and add that when a party requests something, even if such a
request is based on an inapplicable provision, that party cannot later challenge the basis for its
request once it has been complied with.
46.
In interposing the objection under discussion, Colombia refers to other considerations that
are deserving of a different response. Referring to the letter dated February 28, 1992, sent by
the President of the Commission, the Government affirms that the phrases “to postpone its final
decision on [the] Reports,” “the decision regarding their adoption as final reports has been
suspended,” and “the Commission will be making a final decision as to the publication,” “clearly
indicate that the Commission has agreed to postpone the adoption of the report drawn up
pursuant to Article 51.” The Government adds that it has come to “the conclusion that the ‘final