Vil
26.
I find it regrettable that the Court did not allow the Counsels for the
Applicant to present their observations on this issue, on grounds which I
consider as purely that of formality (see paragraphs 24 and 25 above). By so
doing, the Court deprived the public hearing to which it had invited the Patiies,
of every purpose; it did not also draw any legal consequences from the
Respondent State’s non-appearance at that public hearing, contenting itself with
simply expressing “regret” on this issue (see paragraph 17 of this Order),"'
27.
In the Order, the Court “orders that the Parties file written submissions
on the effect of the Respondent's withdrawal of its Declaration made under
Article 34 (6) of the Protocol” within fifteen (15) days of receipt of this Order
(paragraph 20); it also decided that “its ruling on the effects of the Respondent’s
withdrawal of its Declaration under Article 34 (6) of the Protocol shall be
handed down at a date to be duly notified to the Parties” (paragraph 21).
28.
Having decided to consult the Parties, the Court should have been more
precise in its demand and should have ordered the latter to address it on the
“legal effects” of the Respondent’s withdrawal of its declaration “on the instant
case”. The question of the legal effects of the said withdrawal on the ongoing
procedure is the only relevant one in the instant case; it should be distinguished
from the more general question of the legal validity of the said withdrawal and
its effects for the future.
29.
By ordering the two measures mentioned in paragraph 27 above, the
Court somehow decided to enter into debates on the request made by the
Respondent in its letter of 1 March 2016 (suspension of the consideration of
cases filed against it) and, de facto, decided to accord to that request a treatment
similar to that meant for a preliminary objection. The Court indeed asked the
Parties to present written observations on the effects of the Respondent’s
withdrawal of its declaration, implicitly suspending the procedure on the merits
of the case, thereby using its prerogatives under paragraphs 3 and 5 of Rule 52
of its Rules.
' The Inter-American Court of Human Rights, for its part, held the view that the nonappearance of the Respondent State at a public hearing tantamounts to a violation of its
international obligations under the American Convention on Human Rights, see paragraph 13
of its Order on Provisional Measures dated 29 August 1998, in the matter of James and
Others
v
Republic
(http://www.corteidh.or.cr/docs/medidas/james_se_06_ing.pdf).
of
Trindad,