Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

MIGRATION AND INTERNATIONAL HUMAN RIGHTS LAW | 329
decision by an absolute majority of the members of the Commission
to the contrary. 1460
Publication of the Report: If within three months from the transmission
of the preliminary report to the State in question the matter
has not been resolved or, for those States that have accepted the jurisdiction
of the Inter-American Court, has not been referred by the
Commission or by the State to the Court for a decision, the Commission,
by an absolute majority of votes, may issue a final report that contains
its opinion and final conclusions and recommendations. The final report
will be transmitted to the parties, who, within the time period set by
the Commission, are required to present information on compliance
with the recommendations. The Commission will evaluate compliance
with its recommendations based on the information available, and will
decide on the publication of the final report by the vote of an absolute
majority of its members. 1461
b) Petitions concerning States that are not parties to the
American Convention on Human Rights
The Commission may receive and examine any petition that contains
a denunciation of alleged violations of the human rights set forth in
the American Declaration of the Rights and Duties of Man in relation
to the Member States of the OAS that are not parties to the American
Convention on Human Rights. 1462 The procedure applicable to these petitions
is substantially the same as the one explained above with the exception
of the referral to the Inter-American Court of Human Rights. 1463
5. Inter-American Court of Human Rights
Preparatory Stage: As noted above, the Inter-American Commission
and States Parties are the only entities that can file a case with the
Court. Once the case is received in an official language of the Court, its
President conducts a preliminary review of the application, asking the
parties to correct any deficiency within 20 days, if the President finds
that the basic requirements have not been met. 1464 If the applicant is
acting without duly accredited representation, the Court may appoint an
Inter-American Defender as representative during the proceedings. 1465
1460 See, Article 45, IACHR Rules of Procedure.
1461 See, Article 47, ibid.
1462 These States are Antigua and Barbuda, Bahamas, Belize, Canada, Guyana, St. Kitts and
Nevis, Saint Lucia, St. Vincent and the Grenadines, and United States of America. See,
Article 51, IACHR Rules of Procedure.
1463 See, Article 52, IACHR Rules of Procedure.
1464 See, Articles 34–36 and 38, IACtHR Rules of Procedure.
1465 See, Article 37, ibid.