A.
72.
Preliminary issue on the replacement of one Application with another
The Respondent State raises an objection to the admissibility of the Application
based on Article 26(1) of the Protocol which
provides “[t]he Court shall hear
submissions by all parties.”
73.
The Respondent State notes that on 10 September 2019 the Applicants filed
before the Court an initial Application together with a request for provisional
measures.
74,
The
Respondent
State
also
avers
that the
Applicants
filed
a
subsequent
application before the Court on 24 September 2019 whereby it requested the
Registry to consider the latter as a replacement of the initial one. This subsequent
Application
was
registered
under
the
same
reference
number
as
the
initial
Application.
75.
According
to the
Respondent
State,
the
initial Application
created
a legal
relationship between the parties before the Court. As a result, this relationship
creates rights and obligations for the parties and for the Court.
76.
The Respondent State claims that the withdrawal of the initial Application is not
based
on
any
known
procedural
rule
as
it is neither
a withdrawal
of the
proceedings nor a discontinuance within the meaning of Rule 58 of the Rules.
77.
The Respondent State maintains that it had neither been notified of the Court's
decision to acknowledge the Applicants’ intention not to proceed with the case
nor of the Court’s decision to strike out the initial Application from the cause list.
78.
In addition, the Respondent State claims that the unilateral and secret withdrawal
of an Application and its subsequent replacement by another Application, cannot
be admissible because these actions are not compatible with the Respondent
State’s rights to fair proceedings.
17