Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.4 Procedure, Article 50

Abstract

This chapter details Article 50 of the American Convention on Human Rights (ACHR). In a nutshell, Article 50 of the ACHR provides that if a friendly settlement has not been reached by the parties, the Inter-American Commission on Human Rights drafts a report establishing the facts and its conclusions and recommendations if necessary. Article 50 contains three paragraphs. The first paragraph explains the content of the “preliminary report,” included if needed, the separate opinion of commissioners. The second paragraph deals with the confidentiality principle and lays down a crucial element of the procedure. The report is expected to be sent to the States concerned that cannot disclose it. As regards the third paragraph, it indicates that the preliminary report may contain “proposals and recommendations” by the Commission, in addition to the elements described in Article 50-1 of the ACHR. From a litigation point of view, the Article 50 report is of the utmost importance, in the sense that it establishes the factual background and tends to identify the victims.