the State violated substantive precepts of the Convention and, if applicable, set the
consequences of said violations.
30.
This Court highlights the importance of the Commission’s evaluation of
compliance with its recommendations. It is useful for assessing whether the State has
made appropriate progress to adequately make reparation to the individuals considered
to be victims and, if applicable, for attempting to ensure that the violations declared by
the Commission do not happen again. In addition, where appropriate, said evaluation
allows the Commission to decide whether to refer the case to the Court or if that would
not be appropriate or expedient in a particular case. In this regard, the applicable articles
of the Convention, statutory laws, and regulations do not obligate the Commission to
refer a case to this Court. 14
31.
In the present case, the State presented information to the Commission after
the Merits Report had been issued (supra footnote on page 3). That information
described, first, training activities to prevent a recurrence of the events (in addition to
recalling that it had modified the legal framework for preventive detention years before
the merits decision of the Commission) and, second, attempts to locate Mr. Carranza in
order to comply with the recommendation to make reparation for the damage the
Commission found that he had suffered. Regarding this, the State communicated to the
Commission that Mr. Carranza’s lawyer was willing to request an extension and, later,
that the same lawyer had reported that Mr. Carranza had died.
32.
Despite this, the Commission stated when it submitted the case to the Court that
“it did not have concrete information on compliance with [its] recommendations” (supra
para. 2). Given the above, it is necessary to emphasize that, in accordance with the
above-mentioned articles, it is the responsibility of the Commission—not this Court—to
determine whether the State has complied with the recommendations contained within
the Merits Report and, in general, to determine the circumstances related to the actions
taken after the communication of said decision. It is not, in principle, the Court's role to
assess or review the views of the Commission in this regard. In this case, the State had
the opportunity—after having been notified of the Merits Report—to present information
to the Commission, and that information was assessed by the Commission. Thus, the
Court does not observe a serious error that would affect the right of defense.
33.
Based on the above, this Court rejects the preliminary objection.
V
EVIDENCE
14
The Rules of Procedure of the Commission, in the version that was current and in force when the
Merits Report of the present case was issued, establishes in its Article 45(1) that if “the Commission considers
that the State has not complied with the recommendations of the report approved in accordance with Article
50 of the American Convention, it shall refer the case to the Court, unless there is a reasoned decision by an
absolute majority of the members of the Commission to the contrary.” It follows from that article that it is
possible for the Commission to decide not to refer a case to the Court. The second paragraph of the same
article states that “[t]he Commission shall give fundamental consideration to obtaining justice in the particular
case, based, among others, on the following factors: a. the position of the petitioner; b. the nature and
seriousness of the violation; c. the need to develop or clarify the case law of the system; and d. the future
effect of the decision within the legal systems of the Member States.” It is not the responsibility of this Court
to assess such “elements” regarding a particular case. Nevertheless, the Court considers it evident that the
fact that the only person the Commission considered a victim and beneficiary of its recommended measures
has died is a circumstance that, at least a priori, appears relevant to the consideration of the possibility of
“obtaining justice in the particular case.”
9