ABC de la Corte ENG v9

ABC of the Inter-American Court of Human Rights 2020 19 VII. Contentious Proceedings before the Court HOW IS A CASE BROUGHT BEFORE THE COURT? Under the American Convention, only States Parties and the Commission have the right to submit a case to the Court. Therefore, the Court cannot entertain petitions submitted by individuals or organizations. As such, individuals or organizations that believe a situation exists in violation of the Convention and wish to use the Inter-American System must direct their complaints to the Inter-American Commission, which is competent to hear petitions presented by any person, group of persons, or legally recognized non- governmental entity that may have reports or complaints of violations of the Convention by a State Party. WHEN DOES THE COURT HAVE JURISDICTION TO HEAR A CASE ABOUT A GIVEN STATE? The Court is competent to hear any case submitted to it in regards to interpreting and applying the Convention, provided that the States Parties in the case have recognized its contentious jurisdiction. Each State Party can, at the time of formalizing its instrument of ratification or adhesion to the American Convention, or at any other prior time, declare that it recognizes the jurisdiction of the Court as an ipso jure obligation. HOW LONG ARE THE PROCEEDINGS OF A CASE BEFORE THE COURT? The average duration of a contentious case before the Court in 2019 was 21.97 months. This average contemplates the length of time from the submission date of the case until the time when the Court issues its judgment of reparations. WHAT ARE AMICUS CURIAE? An amicus curiae is a brief written by third parties to a case, who voluntarily offer their opinion on some aspect regarding the case, in order to collaborate with the Court in its resolution of the judgment. WHO CAN SUBMIT AN AMICUS CURIAE? Any person or institution can submit an amicus curiae .