22
given the particular nature and the object and purpose of the American
Convention. The European Court of Human Rights ruled similarly in its
judgment on preliminary objections in the Loizidou v. Turkey case (1995), in
connection with optional recognition of the European Court’s binding
jurisdiction (Article 46 of the European Convention, before Protocol XI to the
European Convention entered into force on 01.11.1998). The European Court
held that the European Convention was a law-making treaty13.
89)
For the foregoing reasons, the Court considers that Trinidad and Tobago
cannot prevail in the limitations included in its instrument of acceptance of the
optional clause of the mandatory jurisdiction of the Inter-American Court of Human
Rights in virtue of what has been established in Article 62 of the American
Convention. Consequently, the Court considers that it must dismiss the second and
third arguments in the preliminary objection presented by Trinidad and Tobago
insofar as they refer to the Court’s jurisdiction.
VIII
OPERATIVE PARAGRAPHS
90)
Now therefore,
THE COURT
DECIDES
Unanimously,
1.
To dismiss the preliminary objection presented by the State in its totality.
2.
To continue to examine and process the instant case.
3.
To commission its President, at the appropriate time, to convene the State
and the Inter-American Commission to a public hearing on the merits of the case, to
be held at the seat of the Inter-American Court of Human Rights.
4.
To notify the State and the Inter-American Commission on Human Rights of
this judgment.
Judges Cançado Trindade, Salgado-Pesantes, and García-Ramírez informed the Court
of their Individual Opinions, which are attached to this Judgment.
Done in Spanish and English, the Spanish version being the authentic, in San José,
Costa Rica, on September 1, 2001.
Antônio A. Cançado Trindade
President
13
Cf. Constitutional Court Case. Competence. Supra note 7, para. 46 and Ivcher Bronstein Case.
Competence. Supra note 7, para. 47.