to produce the the required documents within the time prescribed, the Court shall, after hearing the Judge Rapporteur, decide whether the non-compliance with these conditions renders the application formally inadmissible”. 51. Thus, the sanctioning of any failure to comply with the provisions of Article 32 of the Rules of Procedure comes under the discretionary power of the Court and the latter exercises that power in accordance with the provisions of the texts of the Court and the dictates of an efficient administration of justice. 52. In that regard, paragraph 1 of the new Article 15 of the Protocol on the Court as amended by the 19 January 2005 Supplementary Protocol A/SP.1/01/05, and Articles 51 and 57(1) of the Rules of the Court provide respectively as follows : Article 15.1: “At any time, the Court may request the parties to produce any documents and provide any information or explanation which it may deem useful. Formal note shall be taken of any refusal” Article 51: “The Court may period all such information other particulars as they request the parties to submit within a specified relating to the facts, and all such may consider relevant. The documents information or and/or documents provided shall be communicated to the other parties. ~ Article 57(1) : “The Court may at any time, in accordance with these rules, after hearing the parties, order any measure of inquiry to be taken or that a previous inquiry be repeated or expanded. 53. The Court recalls that as soon as it noticed that the Amnesty International report was produced along with the Plaintiff's final written submission and that an objection had been raised by the Defendant, it decided to reopen the oral procedure, under Article 58 of its Rules of Procedure, to allow the Parties to address that issue. 54. After receiving oral and written submissions of the Parties on the admissibility and content of that report, the Court reserved its decision for the judgment. 55. Consequently, the Court concludes produce the report initially, he made that even if Plaintiff Counsel failed to up for that omission in accordance with the Rules of the Court, and that in the instant case, it cannot be successfully 15|Page

Select target paragraph3