5
III.
Case Law
1.
34. [. . .] The Court must, likewise, verify whether the essential procedural
guidelines of the protection system set forth in the Convention have been
followed.
Within these general criteria, the Court shall examine the
procedural issues submitted to it, in order to determine whether the
procedures followed in the instant case contain flaws that would demand
refusal in limine to examine the merits of the case. (Velásquez Rodríguez
Case, Preliminary Objections, Judgment of June 26, 1987. Series C
No. 1, para. 34; Fairén Garbi and Solís Corrales Case, Preliminary
Objections, Judgment of June 26, 1987. Series C No. 2, para. 39; and,
Godínez Cruz Case, Preliminary Objections, Judgment of June 26,
1987. Series C No. 3, para. 37.)
2.
37. Article 46(1) of the Convention lists the prerequisites for the admission of
a petition [by the Commission] [. . .] (Velásquez Rodríguez Case, supra 1,
para. 37; Fairén Garbi and Solís Corrales Case, supra 1, para. 42; and,
Godínez Cruz Case, supra 1, para. 40.)
3.
39. There is nothing in this procedure that requires an express declaration of
admissibility, either at the Secretariat stage or later, when the Commission
itself is involved.
In requesting information from a government and
processing a petition, the admissibility thereof is accepted in principle,
provided that the Commission, upon being apprised of the action taken by the
Secretariat and deciding to pursue the case (Arts. 34(3), 35 and 36 of the
Regulations of the Commission), does not expressly declare it to be
inadmissible (Art. 48(1)(c) of the Convention). (Velásquez Rodríguez
Case, supra 1, para. 39; Fairén Garbi and Solís Corrales Case, supra
1, para. 44; and, Godínez Cruz Case, supra 1, para. 42.)
4.
45. [. . .] the Commission enjoys discretionary, but by no means arbitrary,
powers to decide in each case [. . .] (Velásquez Rodríguez Case, supra 1,
para. 45; Fairén Garbi and Solís Corrales Case, supra 1, para. 50; and,
Godínez Cruz Case, supra 1, para. 48.)
5.
29. [. . .] In exercising these powers, the Court is not bound by what the
Commission may have previously decided; rather, its authority to render
judgment is in no way restricted. The Court does not act as a court of review,
of appeal or other similar court in its dealings with the Commission. Its
power to examine and review all actions and decisions of the Commission
derives from its character as sole judicial organ in matters concerning the
Convention. This not only affords greater protection to the human rights
guaranteed by the Convention, but it also assures the States Parties that
have accepted the jurisdiction of the Court that the provisions of the
Convention will be strictly observed. (Velásquez Rodríguez Case, supra 1,
para. 29; Fairén Garbi and Solís Corrales Case, supra 1, para. 34; and,
Godínez Cruz Case, supra 1, para. 32.)
IV.
Conclusions and Vote
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