11
which “do not expressly confer on it the power to determine the compatibility of the
acts and the norms of the States, such as the [Convention against Torture].”
30.
Should the objection be dismissed, the State requested that the Court
elaborate, in a broader manner, on its jurisprudence of the last decade regarding this
issue, given that its criterion “is based on facts that are insufficient to determine, with
complete certainty, the scope of jurisdiction over the application and interpretation of
the [Convention against Torture].”
ii.
Arguments of the Commission and representatives
31.
The Commission recalled that both said organ and the Court have determined
the existence of violations of Articles 1, 6, and 8 of the Convention against Torture, in
the understanding that subsection three of Article 8 of the said Convention contains a
general clause of acceptance of jurisdiction by the States upon the ratification or
adherence of said treaty. Therefore, according to the Commission there are no
reasons for the Court to depart from its reiterated opinion, which is in accordance
with international law. For their part, the representatives requested that the Court, "in
conformity with [its] combined jurisprudence on the issue, reject[ed] the preliminary
objection raised by the State of Panama.”
b)
Decision of the Court
32.
Firstly, it is relevant to recall that, regarding the argument put forward by
some States that each Inter-American treaty requires a specific declaration granting
jurisdiction to the Court, this Tribunal has determined the possibility of exercising its
contentious jurisdiction with regard to Inter-American instruments other than the
American Convention, when such instruments establish a system of petitions subject
to international supervision in the regional sphere.20 In this regard, the special
declaration accepting the contentious jurisdiction of the Court, based on Article 62 of
the American Convention, allows the Court to examine violations of the Convention as
well as other Inter-American instruments that grant it jurisdiction.21
33.
Although Article 8 of the Convention against Torture22 does not explicitly
mention the Inter-American Court, the Tribunal has referred to its own jurisdiction to
interpret and apply the Convention against Torture, using a means of complementary
interpretation, such as the working papers, to overcome the possible ambiguity of the
provision.23 In this manner, in its judgment in the case of Villagrán Morales et al v.
Guatemala, the Tribunal referred to the historic reason of said Article, which is that at
the moment of drafting the Convention against Torture some member countries of the
Organization of American States were still not parties to the American Convention and
indicated that “the possibility of ratifying or adhering to the Convention against
Torture was opened to the greatest number of States by means of a general clause
[of jurisdiction, which did not make express and exclusive reference to the InterAmerican Court]. What was considered important was to attribute the competence for
applying the [Convention against Torture] to an international organ, whether this was
20
Cf. Case of Las Palmeras v. Colombia. Preliminary Objections. Judgment of February 4, 2000.
Series C No. 67, para. 34, and Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objections,
Merits, Reparations, and Costs. Judgment of November 16, 2009. Series C No. 205, para. 37.
21
Cf. Case of González et al. (“Cotton Field”), supra note 20, para. 37.
22
This precept states, regarding the jurisdiction to apply it, that “[a]fter all the domestic legal
procedures of the respective State and the corresponding appeals have been exhausted, the case may be
submitted to the international fora whose competence has been recognized by that State” to which the
violation is deemed.
23
Cf. Case of González et al. (“Cotton FieldsCotton Field”), supra note 20, para. 51.