Vil.
ON THE REQUEST FOR PROVISIONAL MEASURES
20.
The
Court
Measures
notes
that the Applicant
“pending
the
hearing
requested
and
for an
determination
Order for Provisional
of the
Application
for
Review.”
21.
The Court recalls that in accordance with Article 27(2) of the Protocol and Rule
51(1) of the Rules, it is empowered to order Provisional Measures" in cases of
extreme gravity and urgency, and when necessary to avoid irreparable harm
to persons",
and
"which
it deems
necessary
to adopt
in the interest of the
parties or of justice".
22.
Furthermore,
Rule 67(5) of the Rules provides that: “an application for review
shall not stay the execution of a judgment unless the Court decides otherwise.”
The
Court notes that,
the Applicant
requested
for an
Order for Provisional
Measures “pending the hearing and determination of the review” effectively to
stay the execution of its initial Judgment.
23.
| The Court observes that, the Applicant by his own admission in his supporting
affidavit, indicated that he has been unable to come to an agreement with the
Respondent State on a payment plan for the judgment debt that he owes it.
Having failed to secure such an agreement, the Applicant seeks to use the
Court to forestall the proceedings going on in the national courts.
24.
The Court considers it desirable to determine both the request for Provisional
Measures and the Application for Review in the same decision. The Court will
first consider the Application for Review
Provisional Measures.
and
later decide on the request for