3
of January 25, 1995, the Commission clarified that “the time indicated on the cover page of
the fax was that registered by the fax machine of the Commission and not that of the Court”
and that, moreover, this time was an hour ahead of the actual time because the Department
of Material Resources of the Organization of American States (hereinafter the “OAS”)
generally does not adjust those machines during the winter schedule. For that reason “as
the hour of Costa Rica was one hour earlier than that of Washington, D.C. [the seat of the
Commission], it meant that the Court began to receive the application at 11:52 (Costa Rican
time).” Submitted as an attachment to this letter was a memorandum from the Director of
the Department of Human Resources of the O.A.S. certifying the change of hour of the fax
of the Commission.
5.
The President of the Court (hereinafter “the President”), after making a preliminary
review of the application and once the Commission had corrected the deficiencies listed in
the Secretariat's letter of February 9, 1995, authorized the processing of the case. By note
of March 6, 1995, the Government was officially notified of the application and was granted
a period of two weeks to appoint an Agent and Alternate Agent; a period of three months to
answer the application; and a period of thirty days to present preliminary objections. In
another communication of the same date the Government was invited to appoint a Judge ad
hoc.
6.
By note of March 20, 1995, the Government appointed Acisclo Valledares-Molina and
Vicente Arranz-Sanz as Agent and Alternate Agent respectively. On April 19 of the same
year it named Edgar Enrique Larraondo-Salguero as Judge ad hoc. On August 29, 1995, the
Government named Alfonso Novales-Aguirre as Judge ad hoc in substitution of LarraondoSalguero. The Court, by Order of September 11, 1995, decided “[n]ot to admit the
attempted replacement of Judge ad hoc Edgar Enrique Larraondo-Salguero by Attorney
Alfonso Novales-Aguirre.”
7.
On April 3, 1995, in accordance with Article 31 of the Rules of Procedure, the
Government submitted a brief containing its preliminary objections. (see infra para. 23)
8.
In that same writing the Government asked the Court to decide expressly, as it may
at the stage of preliminary objections, on the suspension of the proceedings on the merits.
The Court, by Order of May 17, 1995, declared this request to be inadmissible and continued
processing the case in its distinct procedural stages, since the requested suspension was not
in response to an “exceptional situation,” and no arguments were presented to justify it.
9.
The Secretariat, in accordance with Article 31(3) of the Rules of Procedure,
transmitted the preliminary objections to the Commission and granted it a period of thirty
days to submit its arguments. The Commission submitted them on May 4, 1995, in a brief
in which it refuted the objections “as factually and legally completely groundless.”
10.
The President, by Order of May 20, 1995, and in accordance with Article 31(6) of the
Rules of Procedure, summoned the parties to a public hearing to be held on September 14,
1995, for the presentation of oral arguments on the preliminary objections.
The
Commission requested a postponement of the hearing, and the President, by means of an
Order of June 30, 1995 granted the request and set September 16, 1995, as the date for
the hearing.
11.
On June 2, 1995 the Government submitted its reply to the application.