VI
observations on only the procedural matters which they had expressed the wish
to address in their letter dated 1 March 2016.° Thus, when the second Counsel
for the Applicant wanted to speak on the issue of the Respondent State’s
withdrawal of its declaration, the President did not allow her to do so, justifying
the refusal by saying that the issue could not be regarded as one. of the
“procedural matters” which the Counsel had requested to speak about in her
letter of 1 March 2016, since the withdrawal of the declaration was brougii: to
the latter’s notice only after the aforementioned date.’
25.
The same Counsel insisted, saying that she
President would allow her to speak on that particular
issue was new.® The President responded that he had
impression at the meeting they had held in his office
had understood that the
issue even though the said
perhaps actually given that
prior to the public hearing,
but that immediately afterwards, the Court decided, in a private session, to hear
the Counsels for the Applicant only on matters of procedure about which the
latter had expressed the wish to speak as at the time they wrote their letter of 1
March 2016.” Counsel for the Applicant then expressed the hope that the
opportunity would arise in future to pronounce herself in writing or orally on
this issue which she considers important.'°
6 “We received your communication in which you said
procedural matters. We did not understand what those
these procedural matters are and then we shall make
March 2016, Verbatim Records (Original English), p. 3,
that you were going to address us on
are here. So if you could tell us what
our decision”, Public Hearing of 4
lines 16-18.
? “Excuse me Doctor, all that we wanted to hear today, this morning is what you had
requested us and that is to discuss procedural matters on the 4" of March. Some of these
things which you are dealing with are matters which have come to your knowledge after you
had written to us”, Public Hearing of 4 March 2016, Verbatim Records (Original English),
p. 8, lines 15-18.
* «Mr, President, I had understood from earlier on, maybe just my mistake, that we could also
address you on this particular issue even if it is new. I thought we could address you on that”,
Public Hearing of 4" March 2016, Verbatim Records (Original English), p. 8, line 22-24.
° «Well, I might have given you that feeling when I was briefing you but when we Judges
discussed the matter just before we came into the Court, we thought that no; we just hear you
on the procedural matters as you had asked for”, Public Hearing of 4" March 2016, Verbatim
Records (Original English), p. 8 lines 26-29.
.
'0 “] am guided Mr. President, 1 hope at some point that in writing or orally before you, I
hope we will have an opportunity to address you on it because it is very important to this
case”, Public Hearing of 4" March 2016, Verbatim Records (Original English), p. 9, lines 1-
3.