9
no longer necessary. The Commission also stated that its practice in this area does not violate
any provision of the Convention and that no State Party to the Convention has ever objected.
42.
Article 46(1) of the Convention lists the prerequisites for the admission of a petition and
Article 48(1)(a) sets out the procedure to be followed if the Commission "considers the petition . .
. admissible."
43.
Article 34 (1) (c) of the Commission's Regulations establishes that:
1.
The Commission, acting initially through its Secretariat, shall receive and
process petitions lodged with it in accordance with the standards set forth below:
...
c.
If it accepts, in principle, the admissibility of the petition, it shall request
information from the government of the State in question and include the pertinent
parts of the petition.
44.
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).
45.
Although the admission of a petition does not require an express and formal act, such an
act is necessary if it is found to be inadmissible. The language of both the Convention and the
Regulations of the Commission clearly differentiates between these two options (Art. 48 (1) (a)
and (c) of the Convention and Arts. 34 (1) (c) and 3, 35 (b) and 41 of its Regulations). An
express declaration by the Commission is required if a petition is to be deemed inadmissible. No
such requirement is demanded for admissibility. The foregoing holds provided that a State does
not raise the issue of admissibility, whereupon the Commission must make a formal statement
one way or the other. That issue did not arise in the instant case.
46.
The Court, therefore, holds that the Commission's failure to make an express declaration
on the question of the admissibility of the instant case is not a valid basis for concluding that such
failure barred proper consideration by the Commission and, subsequently, by the Court (Arts. 4651 and 61 (2) of the Convention).
VIII
47.
In its submissions and at the hearing, the Government argued that the Commission
violated Article 48 (1) (f) of the Convention by not promoting a friendly settlement. The
Government maintains that this procedure is obligatory and that the conditions for friendly
settlements established by Article 45 of the Regulations of the Commission are not applicable
because they contradict those set out in the Convention, which is of a higher order. The
Government concludes that the failure to attempt a friendly settlement makes the application
inadmissible, in accordance with Article 61 (2) of the Convention.