11
III
33.
The Court has jurisdiction to hear the instant case. Peru has been a Party to
the Convention since July 28, 1978, and recognized the contentious jurisdiction of
the Court, as set out in Article 62 of the Convention, on January 1, 1981. Although
the Government has interposed a preliminary objection it calls “lack of jurisdiction of
the Court,” in its reasoning it does not dispute the power of the tribunal to rule on
the objections interposed by the Government, for it refers only to the inadmissibility
of the application filed by the Commission on February 14, 1992, an issue that will
be examined below.
IV
34.
Before taking up the preliminary objections, the Court will refer to some
issues raised by the representative of the Government during the public hearing,
relating to the certification issued by the Court regarding the reception and
withdrawal of the so-called first application (supra 10). The representative declared
that
the application arrived in due form on June 7, 1991, for it was only on that date that the
requirements stipulated in Article 25 of the Rules of Procedure of the Court then in force
were complied with [. . .] that the time limit provided under Article 51, paragraph 1 of
the Convention having fallen due on May 31, 1991, the application entered the Court
after the deadline had passed, that is, on June 7.
35.
In order to fully understand the Government’s observation and deal with the
preliminary objections, it is important to recall that Article 51(1) of the Convention
provides the following:
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.
36.
The report was transmitted to the Government on March 1, 1991. The period
stipulated would therefore have fallen due on May 31 of that same year. The
Government received the report on April 5 and then requested of the Commission
that the 60 days referred to in paragraph 4 of the operative part of Report Nº 29/91
(supra 23) begin to run as of the date of receipt and not the date of mailing. This
was accepted by the Commission, with the result that the deadline for the
Government was moved to June 5, theoretically a later date than the original one.
The Government submitted its observations on May 27. In its note, it requested that
“the Commission comply with its Regulations and the Pact of San Jose and therefore
decide not to take the case to the Inter-American Court of Human Rights without
first weighing the observations made in the present note and making the appropriate
procedural corrections.” The Commission, on its part, dated the application May 30.
Both documents -the Peruvian note and the application- were received on Monday,
June 3, the former by the Commission and the latter by the Court.
As indicated in the certification issued by the Secretary, the Executive Secretary of
the Commission subsequently telephoned the Court on June 12 and announced that
the application would be withdrawn. This was accomplished by a letter from the