maintained that the interim measures
sought cannot be granted unless
the following three cumulative conditions are met:
- The instrument complained of must affect the legal constituency of the
Applicant;
- The substantive application must appear grounded prima facie;
- There must be a serious and irreparable imminence of danger.
14. For these reasons, and for the fact that one was only at a preliminary
inquiry
stage,
which
may
end
inquiry or else ina subsequent
one-month
in a
definitive
discontinuation
of the
institution of a judicial procedure after a
house arrest, the Defendant State considered that nothing
justifies the
request
for
interim
measures.
Moreover,
the
Defendant
State emphasised that the Applicants are intending to ask the Court to
meddle
courts,
in matters
and
to
already
interfere
dealt
with
the
with
by
procedure
decisions
of the
domestic
of a preliminary
inquiry
already begun and following its normal course in a domestic court; and
that action by the Applicants cannot succeed.
At this il
of the procedure,
|
15. After hearing the Parties, and considering that the request for interim
measures as filed and the orders sought by the Applicants were related,
and
in, accordance
with Article
Court, which foresees and
87(5) of the Rules of Procedure
of the
provides for that situation, the Court joined
the proceedings on the preliminary procedure to that on the merits of
the case, so as to adjudicate on the issues therein and deliver one and a
single judgment.
16. Consequently, the Court decided to hear the Parties on the merits of
the case.