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specifically, with their legal obligation to cooperate in the investigation and resolution of the
violations of which they may be accused. Within this general goal, Article 48 (1) (f) provides for
the possibility of a friendly settlement through the good offices of the Commission, while Article
50 stipulates that, if the matter has not been resolved, the Commission shall prepare a report
which may, if the Commission so elects, include its recommendations and proposals for the
satisfactory resolution of the case. If these procedures do not lead to a satisfactory result, 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.
63.
The procedure just described contains a mechanism designed, in stages of increasing
intensity, to encourage the State to fulfill its obligation to cooperate in the resolution of the case.
The State is thus offered the opportunity to settle the matter before it is brought to the Court,
and the petitioner has the chance to obtain an appropriate remedy more quickly and simply. We
are dealing with mechanisms whose operation and effectiveness will depend on the circumstances
of each case and, most especially, on the nature of the rights affected, the characteristics of the
acts denounced, and the willingness of the government to cooperate in the investigation and to
take the necessary steps to resolve it.
64.
Article 50 of the Convention provides:
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 shall not be at
liberty to publish it.
3.
In transmitting the report, the Commission may make such proposals and
recommendations as it sees fit.
The above provision describes the last step of the Commission's proceedings before the case
under consideration is ready for submission to the Court. The application of this article presumes
that no solution has been reached in the previous stages of the proceedings.
65.
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.