10 implicated an error that has affected the State’s right of defense during the proceedings before the Commission. 33. In light of these considerations, this Court dismisses the third preliminary objection opposed by the State. D) FOURTH PRELIMINARY OBJECTION Non-compliance with Articles 50 and 51 of the American Convention 34. The State asserted that the application filed by the Commission on June 23, 2006 was time-barred because it was submitted to the Court after the three-month period established in Articles 50 and 51 of the American Convention. The State affirmed that the Commission should have filed its application no later than June 22, 2006. Since the conventional time period had allegedly elapsed, the State averred that the Commission should have adopted the report prescribed in Article 51 of the American Convention. 35. Article 51(1) of the Convention sets forth the maximum period in which the Commission can submit a case to the contentious jurisdiction of the Court; after this period the Commission’s capacity to do so expires.25 Said Article reads as follows: [i]f, 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. 36. This Tribunal has already established that the period of three months shall be counted from the date of transmittal of the Article 50 report to the State concerned.26 The Court has also clarified that the time limit, though not fatal, has a preclusive character, except in special circumstances, with regard to the submission of the case to this Court.27 37. According to the evidence submitted to the Court by the Inter-American Commission, Report No. 09/06 (the Article 50 report) was transmitted to the State on March 23, 2006. The State has not provided any evidence to contradict this fact. Thus, the referral of the case to the Court on June 23, 2006 was done within the three-month timeframe established under Article 51(1) of the Convention. Furthermore, because the case was referred to the Court, the provisions of Article 51 of the Convention are not applicable.28 38. For these reasons, the Court finds that the Inter-American Commission submitted the application in the present case to this Court within the conventional time frame established in Article 51(1), and hereby dismisses the State’s fourth preliminary objection in this regard. 25 Cf. Case of Almonacid Arellano et al. v. Chile. Preliminary Objections, Merits, Reparations and Costs. Judgment of September 26, 2006. Series C No. 154, para. 58. 26 Cf. Case of Velásquez Rodríguez v. Honduras. Preliminary Objections. Judgment of June 26, 1987. Series C No. 1, para. 162; Case of Almonacid Arellano et al., supra note 25, para. 56, and Case of Baena Ricardo et al. v. Panamá. Preliminary Objections. Judgment of November 18, 1999. Series C No. 61, para. 37. Cf. also Certain Attributes of the Inter-American Commission on Human Rights (Arts. 41, 42, 44, 46, 47, 50 and 51 American Convention on Human Rights). Advisory Opinion OC-13/93 of July 16, 1993. Series A No. 13, para. 51. 27 Cf. Case of Neira-Alegría et al. v. Peru. Preliminary Objections. Judgment of December 11, 1991. Series C No. 13, paras. 32-34, and Case of Cayara v. Peru. Preliminary Objections. Judgment of February 3, 1993. Series C No. 14, paras. 38-39. Cf. also Certain Attributes of the Inter-American Commission on Human Rights (Arts. 41, 42, 44, 46, 47, 50 and 51 American Convention on Human Rights), supra note 26, para. 51. 28 Cf. Case of Velásquez Rodríguez, supra note 26, para. 63, and Case of Baena Ricardo et al., supra note 26, paras. 38-39. Cf. also Certain Attributes of the Inter-American Commission on Human Rights (Arts. 41, 42, 44, 46, 47, 50 and 51 American Convention on Human Rights), supra note 26, para. 52.