Annual Report 2001
, chapter III C. I and
Annual Report 2006
,
chapter III C I.
242
See
Annual Report 2006
, chapter III E and see also 45 ILM, 2006, pp. 669 ff.
r e g i o na l p r o t e c t i o n o f h u m a n r i g h t s
387
Where in the case of petitions received, a friendly settlement has not
been achieved,
243
then under article 50 a report will be drawn up, together
with such proposals and recommendations as are seen fit, and transmit-
ted to the parties. The Commission may, under article 46 of the Rules of
Procedure, adopt the follow-up measures it deems appropriate, such as
requesting information from the parties and holding hearings in order to
verify compliance with friendly settlement agreements and its recommen-
dations and report thereon. It also publishes a table indicating whether
its recommendations have achieved total or partial compliance from the
state concerned or whether compliance is pending.
244
After its report, a three-month period is then available during which the
Commission or the state concerned (but not the individual concerned)
may go to the Inter-American Court of Human Rights.
245
The Court con-
sists of seven judges serving in an individual capacity and elected by an
absolute majority of the states parties to the Convention in the OAS Gen-
eral Assembly for six-year terms.
246
The jurisdiction of the Court is subject
to a prior declaration under article 62. Article 63(2) of the Convention
provides that, in cases of extreme gravity and urgency, and when neces-
sary to avoid irreparable damage to persons, the Court, in matters not yet
submitted to it, may adopt such provisional measures as it deems perti-
nent in matters under its consideration. Where a case has not yet been
submitted to it, the Court may act at the request of the Commission. This
power has been used on a number of occasions.
247
243
See, for examples of friendly settlement procedures,
Annual Report 2001
, chapter III C. 4.
244
See
Annual Report 2006
, chapter III D.
245
Article 51. If this does not happen and the matter is not settled with the state concerned,
the Commission by a majority vote may set forth its own opinion and conclusions on the
matter, which may be published. See, for example,
Annual Report 1983–4
, pp. 23–75.
246
Articles 52–4. See also Davidson,
Inter-American Court
; C. Cerna, ‘The Structure and
Functioning of the Inter-American Court of Human Rights (1979–1992)’, 63 BYIL, 1992,
p. 135, and L. E. Frost, ‘The Evolution of the Inter-American Court of Human Rights’, 14
HRQ, 1992, p. 171.
247
The first time was in January 1988, against Honduras, following the killing of a person
due to testify before it and concerns expressed about the safety of other witnesses, H/Inf.
(88) 1, p. 64. See also the provisional measures adopted by the Court against Peru, in
similar circumstances, in August 1990, 11 HRLJ, 1990, p. 257, and the
Alem´an Lacayo
v.
Nicaragua
case, Series E, Order of 2 February 1996; the
´
Alvarez et al.
v.
Colombia
case,
Series E, Order of 22 July 1997, and the
Constitutional Court
case, Series E, Order of 14
August 2000. See also
Hilaire and Others
v.
Trinidad and Tobago
, Judgment of 21 June
2002. The Court also granted provisional measures, for example, to protect the lives and
personal integrity of witnesses in the
Mapirip´an Massacre
case against Colombia, see
388
i n t e r nat i o na l l aw
Under article 64, the Court also possesses an advisory jurisdiction with
regard to the interpretation of the Inter-American Convention and other
conventions concerning the protection of human rights in the American
states at the request of any member state of the OAS. The Court has dealt
with a variety of important issues by way of advisory opinions.
248
In
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