12
The Court need not analyze here the nature of the time limit set by Article 51 (1), nor the
consequences that would result under different assumptions were such a period to expire without
the case being brought before the Court. The Court will simply emphasize that because this
period starts to run on the date of the transmittal to the parties of the report referred to in Article
50, this offers the Government one last opportunity to resolve the case before the Commission
and before the matter can be submitted to a judicial decision.
66.
Article 51 (1) also considers the possibility of the Commission preparing a new report
containing its opinion, conclusions and recommendations, which may be published as stipulated in
Article 51 (3). This provision poses many problems of interpretation, such as, for example,
defining the significance of this report and how it resembles or differs from the Article 50 report.
Nevertheless, these matters are not crucial to the resolution of the procedural issues now before
the Court. In this case, however, it should be borne in mind that the preparation of the Article 51
report is conditional upon the matter not having been submitted to the Court within the threemonth period set by Article 51 (1). Thus, if the application has been filed with the Court, the
Commission has no authority to draw up the report referred to in Article 51.
67.
The Government maintains that the above procedures were not fully complied with. The
Court will now examine this objection, keeping in mind the special features of the procedure
followed before the Commission, which gave rise to some unique problems due largely to
initiatives taken both by the Commission and the Government.
68.
The Commission adopted two Resolutions (32/83 and 24/86) approximately two and a half
years apart, neither of which was formally called a "report" for purposes of Article 50. This raises
two problems. The first concerns the prerequisites for reports prepared pursuant to Article 50 and
the question whether the resolutions adopted by the Commission fulfill those requirements. The
other problem concerns the existence of two resolutions, the second of which both confirms the
earlier one and contains the decision to submit the case to the Court.
69.
In addressing the first issue, it should be noted that the Convention sets out, in very
general terms, the requirements that must be met by reports prepared pursuant to Article 50.
Under this article, such reports must set forth the facts and conclusions of the Commission, to
which may be added such proposals and recommendations as the Commission sees fit. In that
sense, Resolution 32/83 meets the requirements of Article 50.
70.
The Commission did not call Resolution 32/83 a "report," however, and the terms
employed by the Commission do not conform to the wording of the Convention. That is,
nonetheless, irrelevant if the content of the resolution approved by the Commission is
substantially in keeping with the terms of Article 50, as in the instant case, and so long as it does
not affect the procedural rights of the parties (particularly those of the State) to have one last
opportunity to resolve the matter before it can be filed with the Court. Whether this last condition
was complied with in the instant case is related to the other problem: the Commission's adoption
of two Resolutions -- Nos. 32/83 and 24/86.
71.
The Commission adopted Resolution 32/83 at its 61st Session (October 1983) and
transmitted it to the Government by note of October 11, 1983. On December 1 of the same year,
that is, fewer than three months after the adoption of Resolution 32/83 and, thus, within the
deadline for filing the application with the Court, the Government asked the Commission to
reconsider the Resolution on the grounds that various domestic remedies were underway and still
pending which could lead to the settlement of the matter in the terms suggested by the
Commission. The Commission approved the request for reconsideration and decided at its 62nd
Session (May 1984) "to continue the study of the case." Pursuant to that Resolution, the
Commission asked the Government to provide additional information. Because the Commission
deemed the evidence presented since the adoption of Resolution 32/83 insufficient to warrant a