ABC de la Corte ENG v9

ABC of the Inter-American Court of Human Rights 2020 17 VI. Hearings WHAT ARE PUBLIC HEARINGS ON CONTENTIOUS CASES? In the framework of the contentious jurisdiction of the Court, the development of a judgment consists of various stages with both written and oral components. The second stage, which is essentially oral, is carried out in public hearings on each case, which may last about a day and a half. In such hearings, the Commission presents the basis for the presentation of the case before the Court and any other matter that it may consider relevant in resolving the case. Next, the Judges of the Court hear experts, witnesses, and alleged victims summoned by resolution, who are questioned by the parties (only the Commission with respect to the experts) and, if such is the case, by the Judges. Then, the President gives the floor to the alleged victims or their representatives, as well as to the defendant State, so that they can present their allegations in regards to the merits of the case. Afterward, the President grants the presumed victims, their representatives, and the State, respectively, the possibility of an answer and a rejoinder. Upon conclusion of the allegations, the Commission presents its final observations, after which the Judges pose their final questions to the parties. WHAT ARE HEARINGS ON PROVISIONAL MEASURES? In a hearing on provisional measures, the representatives of the beneficiaries and the Inter-American Commission have the opportunity to demonstrate, if such is the case, the continued prevalence of the situations that originally required the adoption of provisional measures. Meanwhile, the State must present information on the measures adopted with the end goal of surpassing these situations of extreme seriousness, urgency, and irreparability of harm, and, ideally, demonstrate that the facts no longer support such circumstances. In this kind of hearing, the applicants of the provisional measures start presenting their allegations in regards to the three above-mentioned conditions, followed by the Inter-American Commission or representatives of the beneficiaries, if applicable, and ending with the State’s presentation of its corresponding observations. The representatives, Commission, and the State all have the option to submit an answer and rejoinder. Finally, the Judges have the opportunity to question the participants of the hearing. It is worth mentioning that in the context of these hearings, which can be public or private, the Court tends to have a more conciliatory character and, to that extent, it is not limited to taking note of the information presented by the parties, but rather, under the principles that make it a human rights Court, among other measures, it suggests