9
27.
The Court reiterates the criterion followed in its case law,3 that in exercising
its obligatory jurisdiction it is empowered to hear “all cases concerning the
interpretation and application of the provisions of [the] Convention” (Art. 62(3)). The
broad wording of the Convention indicates that the Court has full jurisdiction over all
matters pertaining to a case. It is therefore competent to decide whether any of the
rights and liberties recognized by the Convention have been violated, and to adopt
the appropriate provisions derived from such a situation; but it is also competent to
decide on the procedural prerequisites that are the basis for its possibility of hearing
the case and to verify compliance with all procedural norms involving “interpretation
or application of the provisions of [the] Convention.” In exercising this authority, the
Court is not bound by what the Commission may have previously decided, but rather
is empowered to freely adjudicate, in accordance with its own appraisal.
28.
In accordance with the context of application of the Convention and its object
and purpose, norms pertaining to procedures must be applied on the basis of a
criterion of reasonability, because otherwise it would cause an imbalance among the
parties and would jeopardize the realization of justice.4 As the Court has stated,
under international jurisdiction it is essential to maintain the conditions required for
the procedural rights of the parties to not be diminished or unbalanced, and to attain
the aims for which the various procedures were designed.5
29.
The Court must analyze the procedure before the Commission, in light of the
provisions of Articles 50 and 51(1) of the American Convention. Article 50 of the
Convention states that:
1.
If a settlement is not reached, the Commission shall, within the time limit
established by its Statute, draw up a report setting forth the facts and stating its
conclusions. If the report, in whole or in part, does not represent the unanimous
agreement of the members of the Commission, any member may attach to it a separate
opinion. The written and oral statements made by the parties in accordance with
paragraph 1.e of Article 48 shall also be attached to the report.
2.
The report shall be transmitted to the States concerned, which shall not be at
liberty to publish it.
3.
In transmitting the Report, the Commission may make such proposals and
recommendations as it sees fit.
3
See Constantine et al. Case. Preliminary Objections. September 1, 2001 Judgment. Series C No.
82, para. 71; Benjamín et al. Case. Preliminary Objections. September 1, 2001 Judgment. Series C No.
81, para. 71; Hilaire Case. Preliminary Objections. September 1, 2001 Judgment. Series C No. 80, para.
80; Las Palmeras Case. Preliminary Objections. February 4, 2000 Judgment. Series C No. 67, para. 32;
Cesti Hurtado Case. Preliminary Objections. January 26, 1999 Judgment. Series C No. 49, para. 44 and
52; Cantoral Benavides Case. Preliminary Objections. September 3, 1998 Judgment. Series C No. 40,
para. 46; Godínez Cruz Case. Preliminary Objections. June 26, 1987 Judgment. Series C No. 3, para. 32;
Fairén Garbi and Solís Corrales Case. Preliminary Objections. June 26, 1987 Judgment. Series C No. 2,
para. 34; and Velásquez Rodríguez Case. Preliminary Objections. June 26, 1987 Judgment. Series C No. 1,
para. 29.
4
Case of the “White Van” (Paniagua Morales et al.). Preliminary Objections. January 25, 1996
Judgment. Series C No. 23, para. 40.
5
See the Baena Ricardo et al. Case. Preliminary Objections. November 18, 1999 Judgment. Series
C No. 61, para. 41; Case of the “White Van” (Paniagua Morales et al.). Preliminary Objections, supra nota
4, para. 42; and Gangaram Panday Case. Preliminary Objections. December 4, 1991 Judgment. Series C
No. 12, para. 18.