Application was then registered by the Registry under the same reference of the
initial Application.
86.
The Court also takes note that the amended Application and its registration was
duly transmitted to the Respondent State on 25 September 2019, in accordance
with
Rule
35(2)
Respondent
and
Rule
36(1)
of the
State filed its Response
on
Rules,
almost
1 October
a week
2019
before
the
to the request for
provisional measures contained in the initial Application.
87.
The Court further notes that on 15 October 2019 the Respondent State filed its
response to the request for provisional measures
contained
in the amended
Application.
88.
Therefore, the Court finds the Respondent State’s allegation that the replacement
was done secretly, as baseless.
89.
Furthermore,
the
Court
notes
that
in its communication
about the
amended
Application, it extended the time lines for the Respondent State to file both its
Response to the request for provisional measures within fifteen (15) days and its
Response
on the merits within
sixty (60) days
of receipt of the notification
transmitting the amended Application. Accordingly, the Respondent State was
not
deprived
of the
time
needed
to respond
to the
amended
Application.
Therefore, the Court finds that no prejudice has been caused to the Respondent
State by the replacement of the Application.
90.
For these reasons, the Court dismisses the Respondent State’s objection to the
admissibility of this Application based on this ground.
19