Americas Quarterly - Summer 2009

First, it
requests
information
from both parties
to evaluate
the merits.

Then, it prepares a
merit report that
details both sides’
positions, summarizes
the investigation and
presents conclusions and
recommendations.
The Commis-
sion announces
that the case is
under review.
Review
process begins

When the Commission accepts a petition, it notifies the accused state that it will be reviewing the case.

ILLUSTRATION BY NATASHA TIBBOTT

American Convention on Human Rights and American Declaration on the Rights and Duties of Man

Inter-American Commission
on Human Rights
Inter-
American
Court of
Human
Rights
The
Inter-
American
System

9

The state has
two months to
comply with the
recommendations. If it does
not, the Commission can
make its report public or
send the case to the Court.

NOTE: The state can request
more time, but if the accused
state refuses to cooperate,
the Commision can presume facts
given by the petitioner to be true.

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Last Stop: Inter-American Court of Human Rights, Costa Rica

As a last resort, the petition goes to the Inter-American Court—created in 1979 and composed of seven jurists from OAS member states. If member states have ratified the Inter-American Convention on Human Rights, they may also recognize the jurisdiction of the Court.

DECISIONS

Countries that have
not ratified the Convention
and are subject to the
OAS Charter and
American Declaration:
Bahamas

Belize

Canada

Cuba

Guyana

St. Kitts & Nevis

St. Lucia

St. Vincent & The Grenadines
United States
Countries that have
ratified the convention
and accepted the
jurisdiction of the Court:
Argentina
Barbados
Bolivia
Brazil
Chile
Colombia
Costa Rica
Dominican Republic