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1.
59. [. . .] the case is ripe for submission to the Court pursuant to the terms of
Article 51 of the Convention, provided that all other requirements for the
Court to exercise its contentious jurisdiction have been met. (Velásquez
Rodríguez Case, Preliminary Objections, Judgment of June 26, 1987.
Series C No. 1, para. 59; Fairén Garbi and Solís Corrales Case,
Preliminary Objections, Judgment of June 26, 1987. Series C No. 2,
para. 59; and, Godínez Cruz Case, Preliminary Objections, Judgment of
June 26, 1987. Series C No. 3, para. 62.)
2.
62. Article 51 of the Convention, in turn, reads:
1.
If, 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.
2.
Where appropriate, the Commission shall make
pertinent recommendations and shall prescribe a period within
which the state is to take the measures that are incumbent
upon it to remedy the situation examined.
3.
When the prescribed period has expired, the
Commission shall decide by the vote of an absolute majority of
its members whether the state has taken adequate measures
and whether to publish its report.
The Court need not analyze here the nature of the time limit set by Article
51(1), nor the consequences that would result under different assumptions
were such a period to expire without the case being brought before the Court.
The Court will simply emphasize that because this period starts to run on the
date of the transmittal to the parties of the report referred to in Article 50,
this offers the Government one last opportunity to resolve the case before the
Commission and before the matter can be submitted to a judicial decision.
(Velásquez Rodríguez Case, supra 1, para. 62; Fairén Garbi and Solís
Corrales Case, supra 1, para. 62; and, Godínez Cruz Case, supra 1,
para. 65.)
3.
63. Article 51(1) also considers the possibility of the Commission preparing a
new report containing its opinion, conclusions and recommendations, which
may be published as stipulated in Article 51(3). This provision poses many
problems of interpretation, such as, for example, defining the significance of
this report and how it resembles or differs from the Article 50 report.
Nevertheless, these matters are not crucial to the resolution of the procedural
issues now before the Court. In this case, however, it should be borne in
mind that the preparation of the Article 51 report is conditional upon the
matter not having been submitted to the Court within the three-month period
set by Article 51(1). Thus, if the application has been filed with the Court, the
Commission has no authority to draw up the report referred to in Article 51.
(Velásquez Rodríguez Case, supra 1, para. 63; Fairén Garbi and Solís