12
62.
The Inter-American Commission considered that the State’s argument relating
to the characterization of the application was not in order, because:
(a)
The American Convention does not establish any limitation that would
provide grounds for this argument. In this regard, the text and
language of Article 48(1) of the Convention is particularly
comprehensive and there is no reason to suppose that cases should be
opened based only on documents entitled “petitions,” and
(b)
The opening of the case based on the request for precautionary
measures does not harm the State’s right of defense. In this case the
provisions of the Convention and the Rules of Procedure were applied
and the right of defense and the adversarial principle were respected.
Furthermore, the State was informed of the request on which the case
was based, and submitted arguments and information with regard to
it.
63.
In relation to the argument concerning the “reinstatement of some victims,”
the Commission considered that the alleged reinstatement does not prevent the
Court from having competence, because this circumstance constitutes a finding on
merits and the examination and consideration of its effects relate to the issue of
reparations.
The common intervenors’ arguments
64.
The common intervenors requested the Court to reject the objection relating
to alleged legal defects in the processing of the petitions that gave rise to the case
and argued that precautionary measures and petitions are distinct within the
framework of the inter-American system for the protection of human rights. The
former seek the avoidance of the irreparable violation of human rights rather than a
ruling on merits, “consequently, granting them does not constitute prejudgment”; in
contrast, the latter seek to sanction the State’s international responsibility for the
violation of human rights. They also endorsed the Commission’s arguments.
The Court’s findings
a)
The alleged denaturalizing of the formalities
65.
The Court has verified that the petition presented by Mr. Fernández Saré in
March 1998, on behalf of himself and 126 other dismissed employees reiterated the
facts that formed the grounds for the request for precautionary measures that the
same Mr. Fernández Saré and four other individuals had previously presented to the
Commission and which had been rejected because the Commission considered that it
did not comply with the requirements for requesting precautionary measures (supra
paras. 5 to 8).
66.
The Court has previously considered that the American Convention endows
the Court with full jurisdiction over all matters relating to a case submitted to its
consideration, including the procedural requirements on which the possibility of
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