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

MIGRATION AND INTERNATIONAL HUMAN RIGHTS LAW | 333
sought. 1485 The Registrar transmits a copy to the President and the
members of the Court and, unless the Court decides otherwise, to the
other parties which might be potential applicants or respondents. 1486
The State Party must respond within 60 days, unless extension is granted
by the Court. 1487 The Court may dismiss the application because
there is no merit in it at the preparatory stage, and will give reasons
for it. 1488
Admissibility Stage: The Court conducts preliminary examinations on
its jurisdiction and admissibility of the complaint, and may request further
information to the parties. 1489 The admissibility conditions are the
same as for the Commission. The Court may also request an opinion of
the Commission on admissibility or consider transferring the case to the
Commission itself. 1490
Friendly Settlement: The parties may bring to the attention of the
Court that a settlement has been reached. The Court will render a judgment
stating the facts and the solution adopted. It may also decide to
proceed with the case. The Court will also put itself at the disposal of
the parties with a view to reaching a friendly settlement. 1491
Merits Stage: The President of the Court will fix the date of the hearing
if applicable, which shall be public as a rule, unless it is in the interest
of public morality, safety or public order to conduct in camera hearings.
In the hearing evidence can be presented. 1492
Judgement: If the Court finds that there has been violation of a human
or peoples’ right, it must make appropriate orders to remedy the
violation, including the payment of fair compensation or reparation. The
Court must issue a judgment within 90 days from the date of completion
of the deliberations. 1493 Judgments are binding on the parties.
States are bound by the treaty establishing the Court to execute the
judgment. 1494 Any party may apply to the Court within twelve months
from the date of the judgment to request an interpretation of it for the
purpose of execution. 1495 The Court can review its own judgments in
1485 Article 34, ACtHPR Rules of Procedure.
1486 Article 35, ibid.
1487 Article 37, ibid. See also, Article 52, ibid., on preliminary objections.
1488 Article 38, ibid.
1489 Article 39, ibid.
1490 Article 6, P-ACHPR on African Court. See also, Article 40, ACtHPR Rules of Procedure.
1491 Article 9, ibid. See also, Articles 56–57, ACtHPR Rules of Procedure.
1492 Articles 10 and 26, ibid. See also, Articles 42–50, ACtHPR Rules of Procedure.
1493 Articles 27 and 28.1, ibid. See also, Articles 59–61, ACtHPR Rules of Procedure.
1494 Articles 28 and 30, ibid. See also, Article 61, ACtHPR Rules of Procedure.
1495 Article 28.4, ibid. See also, Article 66, ACtHPR Rules of Procedure.