11
55.
Thus, the failure to conduct an on-site investigation in the instant case does not affect the
admissibility of the petition.
X
56.
In its motion concerning admissibility, the Government asked the Court to rule that the
case should not have been referred to the Court, under Article 61 (2) of the Convention, because
the Commission had not exhausted the procedures established in Articles 48 to 50 of the
Convention. The Government also referred to the absence of any attempt to bring about a
friendly settlement under the terms of Article 48 (1) (f), an issue which has already been dealt
with by the Court (supra 47 - 51), and to other aspects of the handling of this case which, in the
Government's opinion, did not meet the requirements of Articles 50 and 51 of the Convention.
The Court will analyze the grounds for the latter contentions after making some general
observations on the procedure set forth in Articles 48 to 50 of the Convention and the relationship
of these provisions to Article 51. This analysis is necessary in order to place the Government's
objections within the legal context in which they must be decided.
57.
Article 61 (2) of the Convention provides:
In order for the Court to hear a case, it is necessary that the procedures set forth in
Articles 48 to 50 shall have been completed.
58.
Notwithstanding the statements made in paragraphs 29 and 30, the procedures set forth
in Articles 48 to 50 of the Convention must be exhausted before an application can be filed with
the Court. The purpose is to seek a solution acceptable to all parties before having recourse to a
judicial body. Thus, the parties have an opportunity to resolve the conflict in a manner respecting
the human rights recognized by the Convention before an application is filed with the Court and
decided in a manner that does not require the consent of the parties.
59.
The procedures of Articles 48 to 50 have a broader objective as regards the international
protection of human rights:
compliance by the States with their obligations and, more
specifically, with their legal obligation to cooperate in the investigation and resolution of the
violations of which they may be accused. Within this general goal, Article 48 (1) (f) provides for
the possibility of a friendly settlement through the good offices of the Commission, while Article
50 stipulates that, if the matter has not been resolved, the Commission shall prepare a report
which may, if the Commission so elects, include its recommendations and proposals for the
satisfactory resolution of the case. If these procedures do not lead to a satisfactory result, the
case is ripe for submission to the Court pursuant to the terms of Article 51 of the Convention,
provided that all other requirements for the Court to exercise its contentious jurisdiction have
been met.
60.
The procedure just described contains a mechanism designed, in stages of increasing
intensity, to encourage the State to fulfill its obligation to cooperate in the resolution of the case.
The State is thus offered the opportunity to settle the matter before it is brought to the Court,
and the petitioner has the chance to obtain an appropriate remedy more quickly and simply. We
are dealing with mechanisms whose operation and effectiveness will depend on the circumstances
of each case and, most especially, on the nature of the rights affected, the characteristics of the
acts denounced, and the willingness of the government to cooperate in the investigation and to
take the necessary steps to resolve it.
61.
Article 50 of the Convention provides:
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