consider the Applicant’s grievance on the composition of the Court which
rendered the judgment of 21 June 2013 mentioned above.
|. Interpretation
Rules
of Article 28(1) of the Protocol
and
Rule 59(2) of the
3. Article 28(1) of the Protocol provides that «[t]he Court shall render its
judgment within ninety (90) days of having completed its deliberations».
Rule 59(2) of the Rules, which is aligned to the English version of Article
28(1) of the Protocol, provides that « [t]he decision of the Court shall be
rendered by the Court within ninety (90) days from the date of completion
of the deliberations »,
4. In his application, the Applicant requested for the interpretation of the
date of the judgment rendered on 21 June 2013 in terms of these two
provisions, and asked the Court whether it was “within the province of
Article 28(1) of the Protocol and Rule 59 (2) of the Rules of the Court for
the Court to deliver its judgment on 21/6/2013; 11 days after the due date
of 10/6/2013 had elapsed”.
5. In its judgment of 28 March 2014, the Court considered this matter and
responded in substance that the deadline of ninety days starts running from
the end of deliberations and that the final date is an internal matter of the
Court (paragraph 8).
6. In my view, the Court did not have to respond to such a question. /n fact,
first of all, this question is not related to the operative provisions of the
judgment to be interpreted.
In terms of Rule 66(2) of the Rules, the application for interpretation of a
judgment must « state clearly the point or points in the operative provisions
of the judgment on which interpretation is required ». This means that the
application for interpretation can only concern the operative provisions
(which excludes notably, the part of the judgment dealing with reasons),
‘In its French
version, this provision provides for a different rule : « La Cour rend son arrét dans les
quatre-vingt-dix (90) jours qui suivent /a cléture de I’instruction de I’affaire" (italics added)
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