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

340 PRACTITIONERS GUIDE No. 12
is granted by the Court. 920 The Court may dismiss the
application because there is no merit in it at the preparatory
stage, and will give reasons for it. 921
Admissibility Stage: The Court conducts preliminary
examinations on its jurisdiction and admissibility of the
complaint, and may request further information to the
parties. 922 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. 923
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. 924
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. 925
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
920
Article 37, ibid. See also, Article 52, ibid., on preliminary
objections.
921
Article 38, ibid.
922
Article 39, ibid.
923
Article 6, P-ACHPR on African Court. See also, Article 40, ACtHPR
Rules of Procedure.
924
Article 9, ibid. See also, Articles 56-57, ACtHPR Rules of Procedure.
925
Articles 10 and 26, ibid. See also, Articles 42-50, ACtHPR Rules of
Procedure.