Dissenting Opinion of Judge ad hoc
Dr. Jorge E. Orihuela-Iberico
on the Preliminary Objection of
Expiration of the Time Limit for Submission
of the Commission’s Application
In the Case of Neira Alegría et al.
I.
II.
III.
IV.
Facts
Normative Provisions
Case Law
Conclusions and Vote
I.
Facts
1.
The Commission approved Report 43/90 during its 77th Session, at its
Meeting N° 1057 of May 14, 1990.
2.
By note of June 11, 1990, the Commission transmitted the report to the
Government of Peru, indicating that the time-limits set out in the report would begin
to run on the date of that communication.
3.
By note of August 14, 1990, the Government of Peru requested the
Commission to extend that period for 30 days in order to enable it to fully comply
with the Commission’s recommendations and in view of the fact that it had ordered
the immediate preparation of a report on all actions taken in this case. The
Government based its request on Article 34(6) of the Regulations of the Commission.
4.
On August 20, 1990, the Commission advised the Government that it had
granted the extension request for a period of 30 additional days, beginning on
September 11, 1990.
In making this decision, the Commission:
[. . .] took special note of the following:
a)
The grant of an extension of 30 days would in no way impair
the international protection of human rights; rather, it might open the
possibility of a ‘settlement in this case,’ as contemplated in Article
51(1) of the Convention;
b)
The extension was for a reasonable length of time and had
been requested within the time-limit specified in the Convention and in
Report 43/90;
c)
The request was reasonable and was based on weighty
circumstances that warranted consideration, such as the short time
that the new Administration had been in power and the promise of an
immediate report on all actions taken in this case.