Department of International Law  Secretariat for Legal Affairs    Multilateral Treaties Home Page   click aquí  Treaty Home Page   click aquí  Signatories and Ratifications Home Page   click aquí    MULTILATERAL TREATIES  » AMERICAN CONVENTION ON HUMAN RIGHTS PACT OF SAN JOSE COSTA RICA B-32 Preamble The American states signatory to the present Convention Reaffirming their intention to consolidate in this hemisphere within the framework of democratic institutions a system of personal liberty and social justice based on respect for the essential rights of man Recognizing that the essential rights of man are not derived from one's being a national of a certain state but are based upon attributes of the human personality and that they therefore justify international protection in the form of a convention reinforcing or complementing the protection provided by the domestic law of the American states Considering that these principles have been set forth in the Charter of the Organization of American States in the American Declaration of the Rights and Duties of Man and in the Universal Declaration of Human Rights and that they have been reaffirmed and refined in other international instruments worldwide as well as regional in scope Reiterating that in accordance with the Universal Declaration of Human Rights the ideal of free men enjoying freedom from fear and want can be achieved only if conditions are created whereby everyone may enjoy his economic social and cultural rights as well as his civil and political rights and Considering that the Third Special Inter-American Conference Buenos Aires 1967 approved the incorporation into the Charter of the Organization itself of broader standards with respect to economic social and educational rights and resolved that an inter-American convention on human rights should determine the structure competence and procedure of the organs responsible for these matters Have agreed upon the following PART I - STATE OBLIGATIONS AND RIGHTS PROTECTED CHAPTER I - GENERAL OBLIGATIONS Article 1 Obligation to Respect Rights 1 The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms without any discrimination for reasons of race color sex language religion political or other opinion national or social origin economic status birth or any other social condition 2 For the purposes of this Convention person means every human being Article 2 Domestic Legal Effects Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions the States Parties undertake to adopt in accordance with their constitutional processes and the provisions of this Convention such legislative or other measures as may be necessary to give effect to those rights or freedoms CHAPTER II - CIVIL AND POLITICAL RIGHTS Article 3 Right to Juridical Personality Every person has the right to recognition as a person before the law Article 4 Right to Life 1 Every person has the right to have his life respected This right shall be protected by law and in general from the moment of conception No one shall be arbitrarily deprived of his life 2 In countries that have not abolished the death penalty it may be imposed only for the most serious crimes and pursuant to a final judgment rendered by a competent court and in accordance with a law establishing such punishment enacted prior to the commission of the crime The application of such punishment shall not be extended to crimes to which it does not presently apply 3 The death penalty shall not be reestablished in states that have abolished it 4 In no case shall capital punishment be inflicted for political offenses or related common crimes 5 Capital punishment shall not be imposed upon persons who at the time the crime was committed were under 18 years of age or over 70 years of age nor shall it be applied to pregnant women 6 Every person condemned to death shall have the right to apply for amnesty pardon or commutation of sentence which may be granted in all cases Capital punishment shall not be imposed while such a petition is pending decision by the competent authority Article 5 Right to Humane Treatment 1 Every person has the right to have his physical mental and moral integrity respected 2 No one shall be subjected to torture or to cruel inhuman or degrading punishment or treatment All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person 3 Punishment shall not be extended to any person other than the criminal 4 Accused persons shall save in exceptional circumstances be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons 5 Minors while subject to criminal proceedings shall be separated from adults and brought before specialized tribunals as speedily as possible so that they may be treated in accordance with their status as minors 6 Punishments consisting of deprivation of liberty shall have as an essential aim the reform and social readaptation of the prisoners Article 6 Freedom from Slavery 1 No one shall be subject to slavery or to involuntary servitude which are prohibited in all their forms as are the slave trade and traffic in women 2 No one shall be required to perform forced or compulsory labor This provision shall not be interpreted to mean that in those countries in which the penalty established for certain crimes is deprivation of liberty at forced labor the carrying out of such a sentence imposed by a competent court is prohibited Forced labor shall not adversely affect the dignity or the physical or intellectual capacity of the prisoner 3 For the purposes of this article the following do not constitute forced or compulsory labor a work or service normally required of a person imprisoned in execution of a sentence or formal decision passed by the competent judicial authority Such work or service shall be carried out under the supervision and control of public authorities and any persons performing such work or service shall not be placed at the disposal of any private party company or juridical person b military service and in countries in which conscientious objectors are recognized national service that the law may provide for in lieu of military service c service exacted in time of danger or calamity that threatens the existence or the well-being of the community or d work or service that forms part of normal civic obligations Article 7 Right to Personal Liberty 1 Every person has the right to personal liberty and security 2 No one shall be deprived of his physical liberty except for the reasons and under the conditions established beforehand by the constitution of the State Party concerned or by a law established pursuant thereto 3 No one shall be subject to arbitrary arrest or imprisonment 4 Anyone who is detained shall be informed of the reasons for his detention and shall be promptly notified of the charge or charges against him 5 Any person detained shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to be released without prejudice to the continuation of the proceedings His release may be subject to guarantees to assure his appearance for trial 6 Anyone who is deprived of his liberty shall be entitled to recourse to a competent court in order that the court may decide without delay on the lawfulness of his arrest or detention and order his release if the arrest or detention is unlawful In States Parties whose laws provide that anyone who believes himself to be threatened with deprivation of his liberty is entitled to recourse to a competent court in order that it may decide on the lawfulness of such threat this remedy may not be restricted or abolished The interested party or another person in his behalf is entitled to seek these remedies 7 No one shall be detained for debt This principle shall not limit the orders of a competent judicial authority issued for nonfulfillment of duties of support Article 8 Right to a Fair Trial 1 Every person has the right to a hearing with due guarantees and within a reasonable time by a competent independent and impartial tribunal previously established by law in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil labor fiscal or any other nature 2 Every person accused of a criminal offense has the right to be presumed innocent so long as his guilt has not been proven according to law During the proceedings every person is entitled with full equality to the following minimum guarantees a the right of the accused to be assisted without charge by a translator or interpreter if he does not understand or does not speak the language of the tribunal or court b prior notification in detail to the accused of the charges against him c adequate time and means for the preparation of his defense d the right of the accused to defend himself personally or to be assisted by legal counsel of his own choosing and to communicate freely and privately with his counsel e the inalienable right to be assisted by counsel provided by the state paid or not as the domestic law provides if the accused does not defend himself personally or engage his own counsel within the time period established by law f the right of the defense to examine witnesses present in the court and to obtain the appearance as witnesses of experts or other persons who may throw light on the facts g the right not to be compelled to be a witness against himself or to plead guilty and h the right to appeal the judgment to a higher court 3 A confession of guilt by the accused shall be valid only if it is made without coercion of any kind 4 An accused person acquitted by a nonappealable judgment shall not be subjected to a new trial for the same cause 5 Criminal proceedings shall be public except insofar as may be necessary to protect the interests of justice Article 9 Freedom from Ex Post Facto Laws No one shall be convicted of any act or omission that did not constitute a criminal offense under the applicable law at the time it was committed A heavier penalty shall not be imposed than the one that was applicable at the time the criminal offense was committed If subsequent to the commission of the offense the law provides for the imposition of a lighter punishment the guilty person shall benefit therefrom Article 10 Right to Compensation Every person has the right to be compensated in accordance with the law in the event he has been sentenced by a final judgment through a miscarriage of justice Article 11 Right to Privacy 1 Everyone has the right to have his honor respected and his dignity recognized 2 No one may be the object of arbitrary or abusive interference with his private life his family his home or his correspondence or of unlawful attacks on his honor or reputation 3 Everyone has the right to the protection of the law against such interference or attacks Article 12 Freedom of Conscience and Religion 1 Everyone has the right to freedom of conscience and of religion This right includes freedom to maintain or to change one's religion or beliefs and freedom to profess or disseminate one's religion or beliefs either individually or together with others in public or in private 2 No one shall be subject to restrictions that might impair his freedom to maintain or to change his religion or beliefs 3 Freedom to manifest one's religion and beliefs may be subject only to the limitations prescribed by law that are necessary to protect public safety order health or morals or the rights or freedoms of others 4 Parents or guardians as the case may be have the right to provide for the religious and moral education of their children or wards that is in accord with their own convictions Article 13 Freedom of Thought and Expression 1 Everyone has the right to freedom of thought and expression This right includes freedom to seek receive and impart information and ideas of all kinds regardless of frontiers either orally in writing in print in the form of art or through any other medium of one's choice 2 The exercise of the right provided for in the foregoing paragraph shall not be subject to prior censorship but shall be subject to subsequent imposition of liability which shall be expressly established by law to the extent necessary to ensure a respect for the rights or reputations of others or b the protection of national security public order or public health or morals 3 The right of expression may not be restricted by indirect methods or means such as the abuse of government or private controls over newsprint radio broadcasting frequencies or equipment used in the dissemination of information or by any other means tending to impede the communication and circulation of ideas and opinions 4 Notwithstanding the provisions of paragraph 2 above public entertainments may be subject by law to prior censorship for the sole purpose of regulating access to them for the moral protection of childhood and adolescence 5 Any propaganda for war and any advocacy of national racial or religious hatred that constitute incitements to lawless violence or to any other similar action against any person or group of persons on any grounds including those of race color religion language or national origin shall be considered as offenses punishable by law Article 14 Right of Reply 1 Anyone injured by inaccurate or offensive statements or ideas disseminated to the public in general by a legally regulated medium of communication has the right to reply or to make a correction using the same communications outlet under such conditions as the law may establish 2 The correction or reply shall not in any case remit other legal liabilities that may have been incurred 3 For the effective protection of honor and reputation every publisher and every newspaper motion picture radio and television company shall have a person responsible who is not protected by immunities or special privileges Article 15 Right of Assembly The right of peaceful assembly without arms is recognized No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and necessary in a democratic society in the interest of national security public safety or public order or to protect public health or morals or the rights or freedom of others Article 16 Freedom of Association 1 Everyone has the right to associate freely for ideological religious political economic labor social cultural sports or other purposes 2 The exercise of this right shall be subject only to such restrictions established by law as may be necessary in a democratic society in the interest of national security public safety or public order or to protect public health or morals or the rights and freedoms of others 3 The provisions of this article do not bar the imposition of legal restrictions including even deprivation of the exercise of the right of association on members of the armed forces and the police Article 17 Rights of the Family 1 The family is the natural and fundamental group unit of society and is entitled to protection by society and the state 2 The right of men and women of marriageable age to marry and to raise a family shall be recognized if they meet the conditions required by domestic laws insofar as such conditions do not affect the principle of nondiscrimination established in this Convention 3 No marriage shall be entered into without the free and full consent of the intending spouses 4 The States Parties shall take appropriate steps to ensure the equality of rights and the adequate balancing of responsibilities of the spouses as to marriage during marriage and in the event of its dissolution In case of dissolution provision shall be made for the necessary protection of any children solely on the basis of their own best interests 5 The law shall recognize equal rights for children born out of wedlock and those born in wedlock Article 18 Right to a Name Every person has the right to a given name and to the surnames of his parents or that of one of them The law shall regulate the manner in which this right shall be ensured for all by the use of assumed names if necessary Article 19 Rights of the Child Every minor child has the right to the measures of protection required by his condition as a minor on the part of his family society and the state Article 20 Right to Nationality 1 Every person has the right to a nationality 2 Every person has the right to the nationality of the state in whose territory he was born if he does not have the right to any other nationality 3 No one shall be arbitrarily deprived of his nationality or of the right to change it Article 21 Right to Property 1 Everyone has the right to the use and enjoyment of his property The law may subordinate such use and enjoyment to the interest of society 2 No one shall be deprived of his property except upon payment of just compensation for reasons of public utility or social interest and in the cases and according to the forms established by law 3 Usury and any other form of exploitation of man by man shall be prohibited by law Article 22 Freedom of Movement and Residence 1 Every person lawfully in the territory of a State Party has the right to move about in it and to reside in it subject to the provisions of the law 2 Every person has the right lo leave any country freely including his own 3 The exercise of the foregoing rights may be restricted only pursuant to a law to the extent necessary in a democratic society to prevent crime or to protect national security public safety public order public morals public health or the rights or freedoms of others 4 The exercise of the rights recognized in paragraph 1 may also be restricted by law in designated zones for reasons of public interest 5 No one can be expelled from the territory of the state of which he is a national or be deprived of the right to enter it 6 An alien lawfully in the territory of a State Party to this Convention may be expelled from it only pursuant to a decision reached in accordance with law 7 Every person has the right to seek and be granted asylum in a foreign territory in accordance with the legislation of the state and international conventions in the event he is being pursued for political offenses or related common crimes 8 In no case may an alien be deported or returned to a country regardless of whether or not it is his country of origin if in that country his right to life or personal freedom is in danger of being violated because of his race nationality religion social status or political opinions 9 The collective expulsion of aliens is prohibited Article 23 Right to Participate in Government 1 Every citizen shall enjoy the following rights and opportunities a to take part in the conduct of public affairs directly or through freely chosen representatives b to vote and to be elected in genuine periodic elections which shall be by universal and equal suffrage and by secret ballot that guarantees the free expression of the will of the voters and c to have access under general conditions of equality to the public service of his country 2 The law may regulate the exercise of the rights and opportunities referred to in the preceding paragraph only on the basis of age nationality residence language education civil and mental capacity or sentencing by a competent court in criminal proceedings Article 24 Right to Equal Protection All persons are equal before the law Consequently they are entitled without discrimination to equal protection of the law Article 25 Right to Judicial Protection 1 Everyone has the right to simple and prompt recourse or any other effective recourse to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this Convention even though such violation may have been committed by persons acting in the course of their official duties 2 The States Parties undertake a to ensure that any person claiming such remedy shall have his rights determined by the competent authority provided for by the legal system of the state b to develop the possibilities of judicial remedy and c to ensure that the competent authorities shall enforce such remedies when granted CHAPTER III - ECONOMIC SOCIAL AND CULTURAL RIGHTS Article 26 Progressive Development The States Parties undertake to adopt measures both internally and through international cooperation especially those of an economic and technical nature with a view to achieving progressively by legislation or other appropriate means the full realization of the rights implicit in the economic social educational scientific and cultural standards set forth in the Charter of the Organization of American States as amended by the Protocol of Buenos Aires CHAPTER IV - SUSPENSION OF GUARANTEES INTERPRETATION AND APPLICATION Article 27 Suspension of Guarantees 1 In time of war public danger or other emergency that threatens the independence or security of a State Party it may take measures derogating from its obligations under the present Convention to the extent and for the period of time strictly required by the exigencies of the situation provided that such measures are not inconsistent with its other obligations under international law and do not involve discrimination on the ground of race color sex language religion or social origin 2 The foregoing provision does not authorize any suspension of the following articles Article 3 Right to Juridical Personality Article 4 Right to Life Article 5 Right to Humane Treatment Article 6 Freedom from Slavery Article 9 Freedom from Ex Post Facto Laws Article 12 Freedom of Conscience and Religion Article 17 Rights of the Family Article 18 Right to a Name Article 19 Rights of the Child Article 20 Right to Nationality and Article 23 Right to Participate in Government or of the judicial guarantees essential for the protection of such rights 3 Any State Party availing itself of the right of suspension shall immediately inform the other States Parties through the Secretary General of the Organization of American States of the provisions the application of which it has suspended the reasons that gave rise to the suspension and the date set for the termination of such suspension Article 28 Federal Clause 1 Where a State Party is constituted as a federal state the national government of such State Party shall implement all the provisions of the Convention over whose subject matter it exercises legislative and judicial jurisdiction 2 With respect to the provisions over whose subject matter the constituent units of the federal state have jurisdiction the national government shall immediately take suitable measures in accordance with its constitution and its laws to the end that the competent authorities of the constituent units may adopt appropriate provisions for the fulfillment of this Convention 3 Whenever two or more States Parties agree to form a federation or other type of association they shall take care that the resulting federal or other compact contains the provisions necessary for continuing and rendering effective the standards of this Convention in the new state that is organized Article 29 Restrictions Regarding Interpretation No provision of this Convention shall be interpreted as a permitting any State Party group or person to suppress the enjoyment or exercise of the rights and freedoms recognized in this Convention or to restrict them to a greater extent than is provided for herein b restricting the enjoyment or exercise of any right or freedom recognized by virtue of the laws of any State Party or by virtue of another convention to which one of the said states is a party c precluding other rights or guarantees that are inherent in the human personality or derived from representative democracy as a form of government or d excluding or limiting the effect that the American Declaration of the Rights and Duties of Man and other international acts of the same nature may have Article 30 Scope of Restrictions The restrictions that pursuant to this Convention may be placed on the enjoyment or exercise of the rights or freedoms recognized herein may not be applied except in accordance with laws enacted for reasons of general interest and in accordance with the purpose for which such restrictions have been established Article 31 Recognition of Other Rights Other rights and freedoms recognized in accordance with the procedures established in Articles 76 and 77 may be included in the system of protection of this Convention CHAPTER V - PERSONAL RESPONSIBILITIES Article 32 Relationship between Duties and Rights 1 Every person has responsibilities to his family his community and mankind 2 The rights of each person are limited by the rights of others by the security of all and by the just demands of the general welfare in a democratic society PART II - MEANS OF PROTECTION CHAPTER VI - COMPETENT ORGANS Article 33 The following organs shall have competence with respect to matters relating to the fulfillment of the commitments made by the States Parties to this Convention a the Inter-American Commission on Human Rights referred to as The Commission and b the Inter-American Court of Human Rights referred to as The Court CHAPTER VII - INTER-AMERICAN COMMISSION ON HUMAN RIGHTS Section 1 Organization Article 34 The Inter-American Commission on Human Rights shall be composed of seven members who shall be persons of high moral character and recognized competence in the field of human rights Article 35 The Commission shall represent all the member countries of the Organization of American States Article 36 1 The members of the Commission shall be elected in a personal capacity by the General Assembly of the Organization from a list of candidates proposed by the governments of the member states 2 Each of those governments may propose up to three candidates who may be nationals of the states proposing them or of any other member state of the Organization of American States When a slate of three is proposed at least one of the candidates shall be a national of a state other than the one proposing the slate Article 37 1 The members of the Commission shall be elected for a term of four years and may be reelected only once but the terms of three of the members chosen in the first election shall expire at the end of two years Immediately following that election the General Assembly shall determine the names of those three members by lot 2 No two nationals of the same state may be members of the Commission Article 38 Vacancies that may occur on the Commission for reasons other than the normal expiration of a term shall be filled by the Permanent Council of the Organization in accordance with the provisions of the Statute of the Commission Article 39 The Commission shall prepare its Statute which it shall submit to the General Assembly for approval It shall establish its own Regulations Article 40 Secretariat services for the Commission shall be furnished by the appropriate specialized unit of the General Secretariat of the Organization This unit shall be provided with the resources required to accomplish the tasks assigned to it by the Commission Section 2 Functions Article 41 The main function of the Commission shall be to promote respect for and defense of human rights In the exercise of its mandate it shall have the following functions and powers a to develop an awareness of human rights among the peoples of America b to make recommendations to the governments of the member states when it considers such action advisable for the adoption of progressive measures in favor of human rights within the framework of their domestic law and constitutional provisions as well as appropriate measures to further the observance of those rights c to prepare such studies or reports as it considers advisable in the performance of its duties d to request the governments of the member states to supply it with information on the measures adopted by them in matters of human rights e to respond through the General Secretariat of the Organization of American States to inquiries made by the member states on matters related to human rights and within the limits of its possibilities to provide those states with the advisory services they request f to take action on petitions and other communications pursuant to its authority under the provisions of Articles 44 through 51 of this Convention and g to submit an annual report to the General Assembly of the Organization of American States Article 42 The States Parties shall transmit to the Commission a copy of each of the reports and studies that they submit annually to the Executive Committees of the Inter-American Economic and Social Council and the InterAmerican Council for Education Science and Culture in their respective fields so that the Commission may watch over the promotion of the rights implicit in the economic social educational scientific and cultural standards set forth in the Charter of the Organization of American States as amended by the Protocol of Buenos Aires Article 43 The States Parties undertake to provide the Commission with such information as it may request of them as to the manner in which their domestic law ensures the effective application of any provisions of this Convention Section 3 Competence Article 44 Any person or group of persons or any nongovernmental entity legally recognized in one or more member states of the Organization may lodge petitions with the Commission containing denunciations or complaints of violation of this Convention by a State Party Article 45 1 Any State Party may when it deposits its instrument of ratification of or adherence to this Convention or at any later time declare that it recognizes the competence of the Commission to receive and examine communications in which a State Party alleges that another State Party has committed a violation of a human right set forth in this Convention 2 Communications presented by virtue of this article may be admitted and examined only if they are presented by a State Party that has made a declaration recognizing the aforementioned competence of the Commission The Commission shall not admit any communication against a State Party that has not made such a declaration 3 A declaration concerning recognition of competence may be made to be valid for an indefinite time for a specified period or for a specific case 4 Declarations shall be deposited with the General Secretariat of the Organization of American States which shall transmit copies thereof to the member states of that Organization Article 46 1 Admission by the Commission of a petition or communication lodged in accordance with Articles 44 or 45 shall be subject to the following requirements a that the remedies under domestic law have been pursued and exhausted in accordance with generally recognized principles of international law b that the petition or communication is lodged within a period of six months from the date on which the party alleging violation of his rights was notified of the final judgment c that the subject of the petition or communication is not pending in another international proceeding for settlement and d that in the case of Article 44 the petition contains the name nationality profession domicile and signature of the person or persons or of the legal representative of the entity lodging the petition 2 The provisions of paragraphs 1 a and 1 b of this article shall not be applicable when a the domestic legislation of the state concerned does not afford due process of law for the protection of the right or rights that have allegedly been violated b the party alleging violation of his rights has been denied access to the remedies under domestic law or has been prevented from exhausting them or c there has been unwarranted delay in rendering a final judgment under the aforementioned remedies Article 47 The Commission shall consider inadmissible any petition or communication submitted under Articles 44 or 45 if a any of the requirements indicated in Article 46 has not been met b the petition or communication does not state facts that tend to establish a violation of the rights guaranteed by this Convention c the statements of the petitioner or of the state indicate that the petition or communication is manifestly groundless or obviously out of order or d the petition or communication is substantially the same as one previously studied by the Commission or by another international organization Section 4 Procedure Article 48 1 When the Commission receives a petition or communication alleging violation of any of the rights protected by this Convention it shall proceed as follows a If it considers the petition or communication admissible it shall request information from the government of the state indicated as being responsible for the alleged violations and shall furnish that government a transcript of the pertinent portions of the petition or communication This information shall be submitted within a reasonable period to be determined by the Commission in accordance with the circumstances of each case b After the information has been received or after the period established has elapsed and the information has not been received the Commission shall ascertain whether the grounds for the petition or communication still exist If they do not the Commission shall order the record to be closed c The Commission may also declare the petition or communication inadmissible or out of order on the basis of information or evidence subsequently received d If the record has not been closed the Commission shall with the knowledge of the parties examine the matter set forth in the petition or communication in order to verify the facts If necessary and advisable the Commission shall carry out an investigation for the effective conduct of which it shall request and the states concerned shall furnish to it all necessary facilities e The Commission may request the states concerned to furnish any pertinent information and if so requested shall hear oral statements or receive written statements from the parties concerned f The Commission shall place itself at the disposal of the parties concerned with a view to reaching a friendly settlement of the matter on the basis of respect for the human rights recognized in this Convention 2 However in serious and urgent cases only the presentation of a petition or communication that fulfills all the formal requirements of admissibility shall be necessary in order for the Commission to conduct an investigation with the prior consent of the state in whose territory a violation has allegedly been committed Article 49 If a friendly settlement has been reached in accordance with paragraph 1 f of Article 48 the Commission shall draw up a report which shall be transmitted to the petitioner and to the States Parties to this Convention and shall then be communicated to the Secretary General of the Organization of American States for publication This report shall contain a brief statement of the facts and of the solution reached If any party in the case so requests the fullest possible information shall be provided to it Article 50 1 If a settlement is not reached the Commission shall within the time limit established by its Statute draw up a report setting forth the facts and stating its conclusions If the report in whole or in part does not represent the unanimous agreement of the members of the Commission any member may attach to it a separate opinion The written and oral statements made by the parties in accordance with paragraph 1 e of Article 48 shall also be attached to the report 2 The report shall be transmitted to the states concerned which shall not be at liberty to publish it 3 In transmitting the report the Commission may make such proposals and recommendations as it sees fit Article 51 1 If within a period of three months from the date of the transmittal of the report of the Commission to the states concerned the matter has not either been settled or submitted by the Commission or by the state concerned to the Court and its jurisdiction accepted the Commission may by the vote of an absolute majority of its members set forth its opinion and conclusions concerning the question submitted for its consideration 2 Where appropriate the Commission shall make pertinent recommendations and shall prescribe a period within which the state is to take the measures that are incumbent upon it to remedy the situation examined 3 When the prescribed period has expired the Commission shall decide by the vote of an absolute majority of its members whether the state has taken adequate measures and whether to publish its report CHAPTER VIII - INTER-AMERICAN COURT OF HUMAN RIGHTS Section 1 Organization Article 52 1 The Court shall consist of seven judges nationals of the member states of the Organization elected in an individual capacity from among jurists of the highest moral authority and of recognized competence in the field of human rights who possess the qualifications required for the exercise of the highest judicial functions in conformity with the law of the state of which they are nationals or of the state that proposes them as candidates 2 No two judges may be nationals of the same state Article 53 1 The judges of the Court shall be elected by secret ballot by an absolute majority vote of the States Parties to the Convention in the General Assembly of the Organization from a panel of candidates proposed by those states 2 Each of the States Parties may propose up to three candidates nationals of the state that proposes them or of any other member state of the Organization of American States When a slate of three is proposed at least one of the candidates shall be a national of a state other than the one proposing the slate Article 54 1 The judges of the Court shall be elected for a term of six years and may be reelected only once The term of three of the judges chosen in the first election shall expire at the end of three years Immediately after the election the names of the three judges shall be determined by lot in the General Assembly 2 A judge elected to replace a judge whose term has not expired shall complete the term of the latter 3 The judges shall continue in office until the expiration of their term However they shall continue to serve with regard to cases that they have begun to hear and that are still pending for which purposes they shall not be replaced by the newly elected judges Article 55 1 If a judge is a national of any of the States Parties to a case submitted to the Court he shall retain his right to hear that case 2 If one of the judges called upon to hear a case should be a national of one of the States Parties to the case any other State Party in the case may appoint a person of its choice to serve on the Court as an ad hoc judge 3 If among the judges called upon to hear a case none is a national of any of the States Parties to the case each of the latter may appoint an ad hoc judge 4 An ad hoc judge shall possess the qualifications indicated in Article 52 5 If several States Parties to the Convention should have the same interest in a case they shall be considered as a single party for purposes of the above provisions In case of doubt the Court shall decide Article 56 Five judges shall constitute a quorum for the transaction of business by the Court Article 57 The Commission shall appear in all cases before the Court Article 58 1 The Court shall have its seat at the place determined by the States Parties to the Convention in the General Assembly of the Organization however it may convene in the territory of any member state of the Organization of American States when a majority of the Court considers it desirable and with the prior consent of the state concerned The seat of the Court may be changed by the States Parties to the Convention in the General Assembly by a two-thirds vote 2 The Court shall appoint its own Secretary 3 The Secretary shall have his office at the place where the Court has its seat and shall attend the meetings that the Court may hold away from its seat Article 59 The Court shall establish its Secretariat which shall function under the direction of the Secretary of the Court in accordance with the administrative standards of the General Secretariat of the Organization in all respects not incompatible with the independence of the Court The staff of the Court's Secretariat shall be appointed by the Secretary General of the Organization in consultation with the Secretary of the Court Article 60 The Court shall draw up its Statute which it shall submit to the General Assembly for approval It shall adopt its own Rules of Procedure Section 2 Jurisdiction and Functions Article 61 1 Only the States Parties and the Commission shall have the right to submit a case to the Court 2 In order for the Court to hear a case it is necessary that the procedures set forth in Articles 48 and 50 shall have been completed Article 62 1 A State Party may upon depositing its instrument of ratification or adherence to this Convention or at any subsequent time declare that it recognizes as binding ipso facto and not requiring special agreement the jurisdiction of the Court on all matters relating to the interpretation or application of this Convention 2 Such declaration may be made unconditionally on the condition of reciprocity for a specified period or for specific cases It shall be presented to the Secretary General of the Organization who shall transmit copies thereof to the other member states of the Organization and to the Secretary of the Court 3 The jurisdiction of the Court shall comprise all cases concerning the interpretation and application of the provisions of this Convention that are submitted to it provided that the States Parties to the case recognize or have recognized such jurisdiction whether by special declaration pursuant to the preceding paragraphs or by a special agreement Article 63 1 If the Court finds that there has been a violation of a right or freedom protected by this Convention the Court shall rule that the injured party be ensured the enjoyment of his right or freedom that was violated It shall also rule if appropriate that the consequences of the measure or situation that constituted the breach of such right or freedom be remedied and that fair compensation be paid to the injured party 2 In cases of extreme gravity and urgency and when necessary to avoid irreparable damage to persons the Court shall adopt such provisional measures as it deems pertinent in matters it has under consideration With respect to a case not yet submitted to the Court it may act at the request of the Commission Article 64 1 The member states of the Organization may consult the Court regarding the interpretation of this Convention or of other treaties concerning the protection of human rights in the American states Within their spheres of competence the organs listed in Chapter X of the Charter of the Organization of American States as amended by the Protocol of Buenos Aires may in like manner consult the Court 2 The Court at the request of a member state of the Organization may provide that state with opinions regarding the compatibility of any of its domestic laws with the aforesaid international instruments Article 65 To each regular session of the General Assembly of the Organization of American States the Court shall submit for the Assembly's consideration a report on its work during the previous year It shall specify in particular the cases in which a state has not complied with its judgments making any pertinent recommendations Section 3 Procedure Article 66 1 Reasons shall be given for the judgment of the Court 2 If the judgment does not represent in whole or in part the unanimous opinion of the judges any judge shall be entitled to have his dissenting or separate opinion attached to the judgment Article 67 The judgment of the Court shall be final and not subject to appeal In case of disagreement as to the meaning or scope of the judgment the Court shall interpret it at the request of any of the parties provided the request is made within ninety days from the date of notification of the judgment Article 68 1 The States Parties to the Convention undertake to comply with the judgment of the Court in any case to which they are parties 2 That part of a judgment that stipulates compensatory damages may be executed in the country concerned in accordance with domestic procedure governing the execution of judgments against the state Article 69 The parties to the case shall be notified of the judgment of the Court and it shall be transmitted to the States Parties to the Convention CHAPTER IX - COMMON PROVISIONS Article 70 1 The judges of the Court and the members of the Commission shall enjoy from the moment of their election and throughout their term of office the immunities extended to diplomatic agents in accordance with international law During the exercise of their official function they shall in addition enjoy the diplomatic privileges necessary for the performance of their duties 2 At no time shall the judges of the Court or the members of the Commission be held liable for any decisions or opinions issued in the exercise of their functions Article 71 The position of judge of the Court or member of the Commission is incompatible with any other activity that might affect the independence or impartiality of such judge or member as determined in the respective statutes Article 72 The judges of the Court and the members of the Commission shall receive emoluments and travel allowances in the form and under the conditions set forth in their statutes with due regard for the importance and independence of their office Such emoluments and travel allowances shall be determined in the budget of the Organization of American States which shall also include the expenses of the Court and its Secretariat To this end the Court shall draw up its own budget and submit it for approval to the General Assembly through the General Secretariat The latter may not introduce any changes in it Article 73 The General Assembly may only at the request of the Commission or the Court as the case may be determine sanctions to be applied against members of the Commission or judges of the Court when there are justifiable grounds for such action as set forth in the respective statutes A vote of a two-thirds majority of the member states of the Organization shall be required for a decision in the case of members of the Commission and in the case of judges of the Court a two-thirds majority vote of the States Parties to the Convention shall also be required PART III - GENERAL AND TRANSITORY PROVISIONS CHAPTER X - SIGNATURE RATIFICATION RESERVATIONS AMENDMENTS PROTOCOLS AND DENUNCIATION Article 74 1 This Convention shall be open for signature and ratification by or adherence of any member state of the Organization of American States 2 Ratification of or adherence to this Convention shall be made by the deposit of an instrument of ratification or adherence with the General Secretariat of the Organization of American States As soon as eleven states have deposited their instruments of ratification or adherence the Convention shall enter into force With respect to any state that ratifies or adheres thereafter the Convention shall enter into force on the date of the deposit of its instrument of ratification or adherence 3 The Secretary General shall inform all member states of the Organization of the entry into force of the Convention Article 75 This Convention shall be subject to reservations only in conformity with the provisions of the Vienna Convention on the Law of Treaties signed on May 23 1969 Article 76 1 Proposals to amend this Convention may be submitted to the General Assembly for the action it deems appropriate by any State Party directly and by the Commission or the Court through the Secretary General 2 Amendments shall enter into force for the States ratifying them on the date when two-thirds of the States Parties to this Convention have deposited their respective instruments of ratification With respect to the other States Parties the amendments shall enter into force on the dates on which they deposit their respective instruments of ratification Article 77 1 In accordance with Article 31 any State Party and the Commission may submit proposed protocols to this Convention for consideration by the States Parties at the General Assembly with a view to gradually including other rights and freedoms within its system of protection 2 Each protocol shall determine the manner of its entry into force and shall be applied only among the States Parties to it Article 78 1 The States Parties may denounce this Convention at the expiration of a five-year period from the date of its entry into force and by means of notice given one year in advance Notice of the denunciation shall be addressed to the Secretary General of the Organization who shall inform the other States Parties 2 Such a denunciation shall not have the effect of releasing the State Party concerned from the obligations contained in this Convention with respect to any act that may constitute a violation of those obligations and that has been taken by that state prior to the effective date of denunciation CHAPTER XI - TRANSITORY PROVISIONS Section 1 Inter-American Commission on Human Rights Article 79 Upon the entry into force of this Convention the Secretary General shall in writing request each member state of the Organization to present within ninety days its candidates for membership on the Inter-American Commission on Human Rights The Secretary General shall prepare a list in alphabetical order of the candidates presented and transmit it to the member states of the Organization at least thirty days prior to the next session of the General Assembly Article 80 The members of the Commission shall be elected by secret ballot of the General Assembly from the list of candidates referred to in Article 79 The candidates who obtain the largest number of votes and an absolute majority of the votes of the representatives of the member states shall be declared elected Should it become necessary to have several ballots in order to elect all the members of the Commission the candidates who receive the smallest number of votes shall be eliminated successively in the manner determined by the General Assembly Section 2 Inter-American Court of Human Rights Article 81 Upon the entry into force of this Convention the Secretary General shall in writing request each State Party to present within ninety days its candidates for membership on the Inter-American Court of Human Rights The Secretary General shall prepare a list in alphabetical order of the candidates presented and transmit it to the States Parties at least thirty days prior to the next session of the General Assembly Article 82 The judges of the Court shall be elected from the list of candidates referred to in Article 81 by secret ballot of the States Parties to the Convention in the General Assembly The candidates who obtain the largest number of votes and an absolute majority of the votes of the representatives of the States Parties shall be declared elected Should it become necessary to have several ballots in order to elect all the judges of the Court the candidates who receive the smallest number of votes shall be eliminated successively in the manner determined by the States Parties