VIII
30.
The Court which under Article 3 (2) of the Protocol is empowered to
decide on its own jurisdiction (“competence-competence” principle), thus
seems to have lost control of the procedure in favour of one of the Parties
which, despite everything, did not appear at the public hearing. This also
deprives the public hearing of 4 March 2016 of its very objective, the holding of
which had been decided for the purpose of hearing the Parties both on the
preliminary objections and merits of the case.
31.
Duly represented at the hearing, the Applicant found herself doubly
penalized. The Court did not allow her Counsels to address the question of the
legal effects of the Respondent’s withdrawal of the optional declaration
(jurisdiction of the Court) and did not also make any ruling on their request
regarding the four procedural matters raised at the hearing’? and, in particular,
the issues relating to the organization of the hearing by video conference and
the transmission of certain documents by the Respondent State, requests wich
had already been the subject of an exchange of correspondence between the
Parties and the Court,’* As indicated by the Court in paragraph 19 of its Order,
the Applicant had however “requested the Court to
procedural matters stated in paragraph 15 above”.
issue
Orders
on the
32.
For its part, the Respondent State obtained from the Court a suspension of
the consideration of the admissibility of the Application and the merits of the
case, without making an appearance at the hearing or presenting any form of
pleadings whatsoever. Having solicited written observations from the Applicant
on the four procedural matters raised above, the Court decided to defer its
decision on the aforesaid matters, apparently with intent to safeguard the
adversarial principle in favour of the Respondent State; the only apparent reason
” See in this regard the interpretation of this principle by the Inter-American Court of Human
Rights in its judgement in the matter brought by Ivcher Bronstein against the Republic of
Peru, a State which had withdrawn its declaration accepting the jurisdiction of the Court
during an ongoing procedure, Ivcher Bronstein Case, Jurisdiction, Judgement cf 24
September
1999,
Series
C,
No,
54
(1999),
paragraphs
32
et
seq.
(http://www.corteidh,or.cr/docs/casos/articulos/seriec_54
ing.pdf).
? See the Report of the Public
English), 11 pages.
2016,
Hearing of 4 March
Verbatim
Records
(Original
‘4 As regards the transmission of a number of documents by the Respondent State, see for
example the letter dated 7 October 2015 addressed to the latter by the Registrar of the Court
(Ref: AFCHPR/Reg./APPL.003/2014/014), the reminder note dated 14 December 2015 (Ref:
AFCHPR/Reg./APPL.003/2014/017) and the Respondent State’s letter in reply dated 17
December 2015, forwarded under cover of a Note Verbale of the same date (No.
2564.09.01/CAB/PS/LA/I5) received at the Registry on 23 December 2015,