13 the corresponding violations of human rights in order to raise them in the application to the Court. Moreover, the Court can inquire into those questions and decide on them in its judgment independently of whether they have or have not been raised in the application of the Commission. 53. The State also argues that the Convention in the Fight Against Torture and Cruel Treatment (sic) was not included in the Report of the Commission. As to that, the Commission stated that “the inclusion of the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, arises as a logical consequence of the State’s non compliance with the recommendations made by the Commission in its report.” 54. The Court has studied the application filed by the Commission and has recorded that in one of its sections there is a reference, without further identification, to “the Vienna Convention (sic) that prohibits torture and other cruel, inhuman, or degrading treatment” (cfr. application brief, page 24). In the respective text, the Commission argued that the Peruvian State would be violating that instrument “on maintaining the victim in a situation of arbitrary detention.” However, the Commission did not request that the Court declare such violation, as can be found by a reading of the conclusions of the respective section (cfr. application brief, page 24 in fine), the object of the application (cfr. application brief, page 1), and the petition (cfr. application brief, page 36). 55. For the reasons stated, the Court holds that it is not necessary to analyze the fourth preliminary objection raised by the State, as to the alleged “failure to make a prior claim before the Commission” as to the violation of the “Convention in the Fight Against Torture and Cruel Treatment (sic). 56. For the reasons cited, the Court rejects the fourth objection interposed by the State as inadmissible. X OPERATIVE PARAGRAPHS 57. Now therefore, THE COURT DECIDES: unanimously 1. To reject, as inadmissible, the preliminary objections interposed by the State of Peru. unanimously 2. To proceed with the consideration of the present case. Done in Spanish and English, the Spanish being authentic, in San José, Costa Rica, this twenty-sixth day of January 1999.