Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 335
exception of the referral to the Inter-American Court of Human
Rights. 896
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. 897 If the applicant is
acting without duly accredited representation, the Court may
appoint an Inter-American Defender as representative during
the proceedings. 898 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. 899 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. 900 The State will also have a non-renewable term of two
months to answer. 901
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
896
See, Article 52, IACHR Rules of Procedure.
897
See, Articles 34-36 and 38, IACtHR Rules of Procedure.
898
See, Article 37, ibid.
899
See, Article 39, ibid.
900
See, Article 40, ibid.
901
See, Article 41, ibid.