79.
The Respondent State asserts that it has been wrongfully deprived of its right to
rebut the withdrawal and
replacement of the initial Application
in violation of
Article 26 of the Protocol. Therefore, it prays the Court to rule on the merits of the
initial Application and find the subsequent Application inadmissible.
80.
The
Applicants
maintain
that
when
they
resubmitted
their Application,
the
Respondent State had not yet responded to the initial Application. Therefore, it
cannot be concluded that the Respondent State had initiated any proceedings at
the time the amended
Application was filed before the Court. Accordingly,
its
consent was not required for the subsequent Application to be admitted.
Hee
81.
The
issues to be determined
by the Court concern
the alleged
secrecy
of the
replacement of the Application and the admissibility of the amended Application.
82.
The Court observes that to rule on these issues Rules 35(2) and 36(1) need to
be taken into consideration.
83.
Rule 35(2) of the Rules stipulates:
Unless
otherwise decided
by the Court, the Registrar shall forward
copies of the
application where applicable to the: a) State Party against which the application has
been filed, in accordance with Rule 34 (6) of these Rules; [...]
84.
Rule 36(1) of the Rules provides: “All pleadings received by the Registrar shall
be registered and a copy thereof transmitted to the other party.”
85.
The Court notes that the Applicants filed an Application on 10 September 2019
which was transmitted to the Respondent State, pursuant to Rule 35(2) and Rule
36(1) of the Rules. It also notes that on 24 September 2019 the Applicants filed
an amended Application before the Court. The Applicants requested the Registry
to consider
the
latter as
a
replacement
of the
initial one.
This
amended
18