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

330 | PRACTITIONERS GUIDE No. 6
The Secretary of the Court notifes the application to the President and
the judges of the Court, the respondent State, the Commission, when
it is not the applicant, the alleged victim, his or her representatives or
the Inter-American defender, if applicable. 1466 When the application has
been notified to the alleged victim, or his or her representatives, they
have a non-renewable period of two months to present their pleadings,
motions and evidence to the Court. 1467 The State will also have a
non-renewable term of two months to answer. 1468
Preliminary Objections Stage: The State’s preliminary objections
may only be filed in the response to the first application. The document
setting out the preliminary objections must set out the facts on which
the objection is based, the legal arguments, and the conclusions and
supporting documents, as well as any evidence which the party filing
the objection may wish to produce. Any parties to the case wishing to
submit written briefs on the preliminary objections may do so within
30 days of receipt of the communication. When the Court considers it
indispensable, it may convene a special hearing on the preliminary objections,
after which it shall rule on the objections. The Court may decide
on the preliminary objections and the merits of the case in a single
judgment, under the principle of procedural economy. 1469
Additional written pleadings: Once the application has been answered,
and before the opening of the oral proceedings, the parties
may seek the permission of the President to enter additional written
pleadings. In such a case, the President, if he sees fit, shall establish
the time limits for presentation of the relevant documents. 1470
Hearing and Merits Phase: The hearings of the IACtHR are public,
although when exceptional circumstances warrant it, the Court may
decide to hold a hearing in private. 1471 The date of the hearings will be
announced by the Presidency of the Court and follow the procedure indicated
by Articles 45 to 55 of the Rules of Procedure. 1472 After the hearings,
the victims or their representatives, the State and the Commission
may submit their final written arguments. 1473
Friendly Settlement: If the victims, their representatives, the State
or the Commission inform the Court that a friendly settlement has been
1466 See, Article 39, ibid.
1467 See, Article 40, ibid.
1468 See, Article 41, ibid.
1469 See, Article 42, ibid.
1470 See, Article 43, ibid.
1471 See, Article 15, ibid.
1472 See, Articles 45–55, ibid. See also, Articles 57–60 on admission of evidence.
1473 See, Article 56, ibid.