ABC de la Corte ENG v9

ABC of the Inter-American Court of Human Rights 2020 23 IIIX. Judgments WHAT IS THE DELIVERY OF JUDGMENTS? This process involves the deliberation of the Judges during the Period of Sessions in which the delivery of a Judgment is anticipated. The deliberation process may last for several days during a Period of Sessions, and due to its complexity, it may be suspended and reinitiated in a later Period of Sessions. At this stage, the judgment is read, having been previously revised by the Judges, and there is space for debate regarding controversial points, i.e., thorough questioning of the different legal decisions at issue. In addition, the Judges engage in a detailed study of the evidence offered in the record of the case and the parties’ arguments at all the stages of the process. If the Judges request a change or modification of some aspect of the draft judgment, a new proposal is immediately worked up that is in turn submitted to the consideration and vote of the Judges. In this way, in this deliberation phase the Judges continue to discuss and approve different paragraphs of the draft judgment until coming to the point of resolution of the judgment, at which time the judgment is submitted to a final vote by the Judges of the Court. In some cases, Judges submit dissenting or concurring opinions with regard to the Judgment, which are considered part of the final document. The result of the deliberation is a final judgment, not subject to appeal, of the case. WHAT IS THE QUORUM NEEDED FOR THE COURT’S DELIBERATIONS? The quorum for the deliberations of the Court is five Judges. ARE VERDICTS OF THE COURT ABLE TO BE APPEALED? No, the Court’s verdicts are final and not subject to appeal. ARE JUDGMENTS OF THE COURT BINDING? Yes, the judgments of the Court are binding. WHAT IS THE CONTROL OF CONVENTIONALITY? It is a practice that is used to apply international law, in this case International Human Rights Law, and specifically the American Convention and its sources, including the jurisprudence of the Court. In this way, in various judgments the Court has established