treaties outside the inter-American system or declare that they have been violated, and also its
obligation to abstain from imposing on the State, by way of the interpretation of the Convention,
supposed obligations that are derived, arise from or have their source in norms outside the
system. Lastly, the State indicated that Article 8(2) of the Convention is only applicable to
criminal cases and the Court may not extend the protection of Article 8(2) to non-criminal
cases, via its case law.
35.
The Commission stated that the references to UNHCR documentation in the Merits Report
had different objectives: several of the “letters” issued by this agency constitute documentary
evidence that supports the Commission’s determination of the facts and, as such, were subject
to adversarial proceedings and were not analyzed from a legal point of view, so that it is not
appropriate to make a determination under the concept of competence ratione materiae.
Regarding the directives or other UNHCR documents, the Commission clarified that these
documents were cited for reference purposes, within other sources used by the Commission to
interpret the scope and content of the obligations established by the Convention, so that the
State’s position constitutes a disagreement with its interpretation of the Convention itself and,
as such, corresponds to a matter relating to the merits of the case.
36.
The representatives indicated that the State’s allegation should be rejected because the
critique on which it is based – inapplicability of a complementary or additional source of
international law – is an issue that cannot be raised by means of an objection, and because it is
incompatible with the Court’s criteria on the constitution of the international corpus juris.
37.
In its final written arguments, the State indicated that it was “satisfied with the
Commission’s explanation that the said UNHCR documents were cited ‘for reference purposes’ in
order to interpret the rights contained in the American Convention.” It added that “the
disagreement about the impact that the said documents may have on the interpretation of
convention-based rights will be dealt with during the merits of the matter,” clarifying that “the
citing of UNHCR documents in the development of its arguments does not mean a recognition
that these documents are binding for the State or that the Court may apply them in these
proceedings.”
Considerations of the Court
38.
First, the Court points out that several of the letters issued by UNHCR, which the State
referred to its arguments, constitute part of the documentary evidence that supports factual
determinations made by the Commission, regarding which the State has had every possibility of
exercising its right of defense, and this must be analyzed when examining the merits.
39.
Second, regarding other documents issued by UNHCR with its interpretation of the
international normative applicable to recognition of refugee status, the Court notes that they
were cited in the Merits Report, among other sources, in order to interpret the meaning and
scope of the obligations established by the American Convention. The Court notes that the State
has indicated that its assertion constitutes a disagreement with the impact that the said
documents or instruments may have on the interpretation of the convention-based rights (supra
para. 37), so that there is no dispute that this “disagreement” naturally corresponds to a matter
relating to the merits of the case. Consequently, the Court finds that the State’s assertion is not
a matter for a preliminary objection, so that it is inadmissible.
E. Legality in the exercise of the attributes of the Inter-American Commission
Arguments of the parties and of the Commission
40.
The State argued that the Commission violated Article 46(b) of the Convention by
admitting the original individual petition ten months after the denial of the request for refugee
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