82
*
*
*
Considerations of the Court
182.
The pertinent part of Article 33 of the Convention reads as follows:
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.
the Inter-American Commission on Human Rights
[…]
183.
Article 50 of the American Convention provides 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 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.
184.
In earlier cases, the Court has held that:
Article 50 of the Convention concerns the preparation of a report by the Commission
that is transmitted to the State, which may not publish it; it contains a series of
recommendations to be complied with to settle the matter. If, within the three months
following the transmittal of the report to the State, the matter has not been settled and
the Commission considers that the State did not comply, it has two options: to refer
the case to the Court, by filing an application or to draw up the report referred to in
Article 51 of the Convention, which, by the vote of an absolute majority of its members,
shall set forth its opinion and conclusions concerning the question submitted for its
consideration. As in the Article 50 report, in the Article 51 report, the Commission shall
prescribe a period within which the State must take the necessary measures to comply
with the recommendations and, thus, remedy the situation that is being examined.
Lastly, once this period has expired, the Commission shall determine whether the State
has complied and, if appropriate, decide whether to publish the report (cf: Articles 50
and 51 of the Convention). The Court has already stated that this decision is not
discretional, but rather "should be based on the alternative most favourable for the
protection of the human rights" established in the Convention. 120
185.
The Court has written that:
120
Cf. Case of Baena Ricardo et al. Judgment of February 2, 2001. Series C No. 72. para. 189; Case
of Baena Ricardo et al. Preliminary Objections. Judgment of November 18, 1999. Series C No. 61, para.
37; and Certain Attributes of the Inter-American Commission on Human Rights (Arts. 41, 42, 44, 46, 47,
50 and 51 of the American Convention on Human Rights). Advisory Opinion OC-13/93 of July 16, 1993.
Series A No. 13, para. 50.
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