56
A practical guide to the Istanbul Protocol – for lawyers
may also request that the Court order “provisional measures” in urgent cases which involve danger to persons, even where a case
has not yet been submitted to the Court.
Examination of the merits
The information about the petition is sent to
the State concerned and the State is requested to send its comments on the petition. If
a response is received from the State, the
author of the petition is asked to comment
on the State’s response. The Commission
may carry out its own investigations, conduct on-site visits or hold a hearing on the
case in which both parties, the author of the
petition and the State concerned, would be
asked to present their arguments. The Commission may also offer to assist the parties
in negotiating a friendly settlement.
Types of decision
The Commission will prepare a report on the
case, which may include recommendations
to the State concerned. The Commission may
also present the case to the Inter-American
Court of Human Rights.
b. The Inter-American Court on
Human Rights
The Inter-American Court of Human Rights
is an autonomous judicial institution whose
purpose is the application and interpretation of the American Convention on Human
Rights.
The Court has adjudicatory and advisory jurisdiction. As regards its adjudicatory jurisdiction, only the Commission and the States
Parties to the Convention are empowered to
submit cases concerning the interpretation
and application of the Convention. However,
the procedures before the Commission called
for under Articles 48-50 of the Convention
must have been previously exhausted.
In addition, in order that a case against a
State Party to be brought before the Court,
the State Party must recognise the jurisdiction of the Court. This may be done by a declaration accepting the Court’s jurisdiction in
all cases or on the basis of reciprocity for a
limited time or for a particular case.
As regards the advisory function of the
Court, Article 64 of the Convention provides
that any member state of the Organisation
may consult the Court on the interpretation
of the Convention or of other treaties on the
protection of human rights in the American states. This right of consultation also
extends to the organs listed in Chapter X of
the OAS Charter, within their sphere of action. The Court may also, at the request of
any member state of the Organisation, issue
an opinion on the compatibility of any of its
domestic laws with the aforementioned international instruments.
The States Parties to the Convention elected
the first seven judges of the Court at its seventh special session of the OAS General Assembly (May 1979). The Court was officially
installed in San José, Costa Rica, where it
has its seat, on 3 September 1979.
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