on Human Rights on June 26, 2017.72 That communication was sent after the issue of
Admissibility Report No. 29/17 of March 18, 2017. Therefore, the Court considers that the
preliminary objection filed by the State is inadmissible.
B.
The Commission’s alleged failure to assess the progress made in
complying with the Merits Report
B.1
Arguments of the parties and the Commission
22. The State alleged that the Commission had not complied with the provisions of Article
35 of the Court’s Rules of Procedure, because it had failed to indicate that the State had
forwarded a report on April 3, 2019, which “contained information on the specific actions
taken to expedite the recommendations made in the Merits Report.” Therefore, it argued that
“the Commission had not complied with the provisions of Article 35 of the Court’s Rules of
Procedure which establish the requirements for the presentation of a case.” The
representatives argued that “the possible failure to comply with Article 35(c) of the Court’s
Rules of Procedure does not constitute, per se, an obstacle to the admissibility of the case”
and that, anyway, “El Salvador has not presented any argument to substantiate how the
supposed failure to comply with this provision might have affected its defense.” The
Commission argued that “the decision to submit a case to the Court forms part of the
Commission’s sphere of autonomy as established in Article 51 of the American Convention
and is taken in strict compliance with Article 35 of the Court’s Rules of Procedure.” The
Commission also argued that: (i) in April 2019, the State presented a report on compliance
with the recommendations of the Merits Report and on April 24, 2019, the Commission
granted it a three-month extension to move forward in complying with the Merits Report, but
when this time frame expired, the State failed to request another extension, and (ii) although
the Commission appreciated the State’s report of April 2019, this “did not demonstrate
substantive progress in complying with the recommendations of the Merits Report”.
B.2
Considerations of the Court
23. The Court observes that, when submitting this case, the Commission indicated that it
had no “information that any substantive progress has been made in complying with the
recommendations of the Merits Report.” The President of the Court considered that, when
submitted the case, the Commission had met the requirements stipulated in Article 35 of the
Court’s Rules of Procedure and, consequently, required the Secretariat to notify the
submission of the case. Similarly, the Court considers that, when indicating in the letter
submitting the case that it had no “information that any substantive progress has been made
in complying with the recommendations of the Merits Report,” the Commission had met the
requirements of Article 35(1)(c) of the Rules of Procedure. Based on these considerations,
the Court rejects this preliminary objection.73
The State argued that the judgment convicting Manuela became final in August 2008, and was in effect until
April 30, 2010, “however, the petition was lodged before [the] Commission on March 21, 2012, almost four years
after the sentence had become final and almost two years after Manuela’s death.” The State’s report of June 26,
2017 (evidence file, folio 611).
72
Cf. Case of Urrutia Laubreaux v. Chile. Preliminary objections, merits, reparations and costs. Judgment of
August 27, 2020. Series C No. 409, para. 26.
73
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