104
XIV
RECOMMENDATIONS OF THE COMISSION
ISSUED IN REPORT N° 26/99
Arguments of the Commission
185. The Commission pointed out that Panama did not comply with the
recommendations of its Report N° 26/99 since it did not deem them to be mandatory
and excused itself from compliance therewith invoking its own domestic law.
Consequently, it requested the Court to declare that the State violated the duty to
comply in all good faith with its recommendations, as per Articles 33 and 50(2) of
the Convention.
Arguments of the State
186.
For its part, the Panamanian State expressed that it had not become subject
to international liability for non-compliance with the recommendations of the
Commission, since such non-compliance was not a violation of Articles 33 and 50(2)
of the Convention, the recommendations not being of a mandatory jurisdictional
decision nature.
In like manner, Panama stated that mandatory compliance
recommendations are those of the report under Article 51 of the Convention, such
report not having been prepared in the instant case, since the latter was referred to
the Court for its consideration. Lastly, the State affirmed that Article 33 refers to the
competence that the Commission has, to hear matters relative to compliance with
the Convention, and that it is not related to the obligations of the State according to
such treaty.
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Considerations of the Court
187.
Article 33 of the Convention points out that
The following organs shall have competence with respect to matters relating to the
fulfillment of the commitments made by the States Parties to this Convention:
a.
188.
the Inter-American Commission on Human Rights […]
For its part, Article 50 of the Convention establishes that
1.
If a settlement is not reached, the Commission shall, within the time limit
established by its Statute, draw up a report setting forth the facts and stating its
conclusions. If the report, in whole or in part, does not represent the unanimous
agreement of the members of the Commission, any member may attach to it a separate
opinion. The written and oral statements made by the parties in accordance with
paragraph 1.e. of Article 48 shall also be attached to the report.
2.
The report shall be transmitted to the states concerned, which hall not be at
liberty to publish it.
3.
In transmitting the report, the Commission may make such proposals and
recommendations as it sees fit.
189.
The Court has made the observation that:
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