9
34.
From the foregoing, it can be determined that it has been a constant practice, not
objected to by the Governments, to file the application with the Court initially by telex or
fax, followed by the submission, a few days later, of the original documents and the ten
copies referred to in Article 26 of the Rules of Procedure. In none of the cases listed did the
lapse of time between the filing of the application by fax and the reception of the original
documents together with ten copies, exceed fourteen calendar days.
35.
The Court does not find sufficient cause to modify this practice, inasmuch as every
court should keep pace with contemporary life and make use of technological advances and
modern electronic means to facilitate their communications with the parties to the
proceedings, so that these communications may be made with due ease and speed. This is
applicable, a fortiori, to an international human rights tribunal, as it allows the Court to act
with security and with normal precautions in the context of the difficulties created by the
distance between the tribunal and the parties. Taken together with the fact that the
document originally sent by fax is forwarded within a few days of the fax, no valid grounds
exist for a claim that the procedural rights of the parties are harmed in such a way as to rule
out the fax as a means of communication.
36.
For these reasons, the Court considers that the filing of the application by fax is
valid, and, therefore, the objection of untimeliness cannot be grounded on that fact.
37.
With respect to the second argument of this preliminary objection, that the failure to
file the application in ten copies represents non-fulfillment of a “basic requirement,” in
violation of Article 26 of the Rules of Procedure, which should lead to the rejection of the
application, this Court considers that, although the Commission did not literally fulfill this
regulatory requirement, this fact should be analyzed in the light of Article 26, in conjunction
with Article 27 of the Rules of Procedure. According to Article 27, the President shall, during
the preliminary review of the application, request the applicant to correct any deficiencies
derived from the omission of “basic requirements.” If the President is granted the authority
to order the correction of “basic requirements” which have been omitted, as has actually
happened in this case, then there are better grounds, within certain limits of reasonableness
and timeliness, for subsequent acceptance of the ten copies of the application. Moreover,
this is a formal requirement, breach of which does not necessarily leave a party defenseless
or lead to procedural unbalance or inequality as between the parties.
38.
that:
It is appropriate in this case to recall the criteria laid down by the Court to the effect
the procedural system is a means of attaining justice and that the latter cannot be sacrificed for the
sake of mere formalities. Keeping within certain timely and reasonable limits, some omissions or
delays in complying with procedure may be excused, provided that a suitable balance between
justice and legal certainty is preserved. (Cayara Case, Preliminary Objections, Judgment of
February 3, 1993. Series C No. 14, para. 42)
39.
This Court determines that there is no reason to alter the practice by which the party
bringing the case submits the ten copies of the application subsequent to its filing by fax,
but always within the above-mentioned limits of timeliness and reasonableness. The
submission of the copies a few days after the filing of the application allows a reasonable
minimum of time for the President to undertake a preliminary review of the application and
even to take procedural measures to correct any defects which may come to light.
40.
As was stated earlier (see supra para. 29), the ordinary meaning of the terms, the
context, and the object and purpose, in the interpretation of treaties, are the elements to be