16
64.
As for the friendly settlement, this Court would make the same point it made
on previous occasions, which is that the Commission’s authority to encourage a
friendly settlement in a case is discretionary, although by no means arbitrary. It has
to consider whether such a procedure is advisable or adequate for the protection of
human rights.8 In the instant case, the Commission showed that by note of February
14, 1995, it had suggested a friendly settlement in which the next of kin of Mr.
Durand Ugarte and Mr. Ugarte Rivera would receive compensatory damages. The
State, however, did not respond.
65.
As for fulfillment of the requirements stipulated in Article 46(1)(a) of the
Convention, this Court refers back to the reasoning given in adjudicating the first
preliminary objection (supra, paragraphs 37 and 38), and considers that there was
no duplication in the instant case.
66.
The Court therefore dismisses the sixth preliminary objection.
Objection Seven
67.
The seventh objection filed by the State concerns the “Commission’s lack of
standing.”
68.
The State’s argued that the Commission could not issue a report on a matter
in which it had previous served as a party before the Court. It further argued that
the Commission could not decide a case already settled by an international
organization, such as the Court.
69.
The Commission’s contention was that the State’s arguments for this
objection were a repeat of its arguments for the sixth objection, and referred back to
its statements on the sixth objection in its brief of written observations rebutting the
preliminary observations.
70.
In the Court’s examination of the second, third and sixth objections, it
referenced the argument made with respect to the objection now under
consideration. Its earlier observations, therefore, need not be repeated here
71.
The Court therefore dismisses the seventh preliminary objection.
XI
OPERATIVE PARAGRAPHS
72.
Now, therefore,
THE COURT
DECIDES:
By six votes to one,
1.
To dismiss preliminary objection one entered by the State of Peru.
8.
Velázquez Rodríguez Case, Preliminary Objections, supra 33, para. 45; Fairén Garbi and Solís
Case, Preliminary Objections,, supra 33, para. 50; Godínez Cruz Case, Preliminary Objections, supra 33,
para. 48 and Caballero Delgado and Santana Case, Preliminary Objections, supra 34, para. 26.