16. - But also, it can be said that, according to the context of the terms,16 the actual
rules applicable to provisional measures give both words the same meaning, as is
evident when one notes that the Convention refers to "matters,” with regard to the
Court only in the transcript of Article 63(2), whereas it uses the word "case," in
singular or plural, in five of its provisions.17 This pattern is also evident in the Statute
of the Court, where, although in three of its provisions it refers to "matter," in one
example it does so in relation to the President’s duties 18 and, in the other two, in
reference to contentious jurisdiction.19 By contrast, in a fourth provision, the term
“case” is used.20. And, the same is evident in the Court’s Rules of Procedure, given that
while the word "case" is used in 27 articles,21 "matter" is used only in the provision
concerning the authority of the Court to order provisional measures at the request of
the Commission22, in “matters yet to be submitted to (its) consideration.”
17. - But, even regarding the latter provision, it should be noted that it appears after
reiterating23 the provisions of Article 63(3) of the Convention and before stipulating
that in “contentious cases under [its] consideration,” the victims or their
representatives may request provisional measures, in such a manner that this rule
does not contradict, but quite the contrary, the interpretation in any way such that the
words "matter" and "case" are for these purposes, synonymous.
18. - Consequently, not only the Convention - an agreement between States and an
autonomous and principal source, therefore, of the rule applicable to this matterstates that the words “matter” and “case” are, as regards provisional measures,
16
Article 31(1) of the Vienna Convention.
17
These refer, respectively, to the right to appeal before the Court (Art. 57), to its jurisdiction (Art.
61), to the obligation to annually inform the OAS General Assembly of its work (Art. 65), the binding nature
of its judgments (Art. 68(1)) and the notification of its judgments (Art. 69).
18
Which could well be regarding the Court’s advisory function and even to administrative matters
(Article 12(2)).
19
The impediments and disqualification of judges in contentious cases (Article 19(1), 2 and 3) and to
the appearance of the Commission in trials followed before it (Article 28).
20
Annual report to be submitted to the General Assembly of the OAS (Article 30).
21
In the Articles concerning the definition of Amicus Curiae (Article 2(3)) and Judge (Article 2(17)),
Decisions and Voting (Article 16), continuation in Office of the Judges (Article 17), National Judges (Article
19), Ad Hoc judges in Interstate cases (Article 20), Impediments, Recusals and Disqualification (Article 21),
Official Languages (Article 22), Representation of the States (Article 23), Participation of the Alleged
Victims or their Representatives (Article 25), Cooperation of the States (Article 26), Joinder of Cases and
Proceedings (Article 30), Publication of the Judgments and Other Decisions (Article 32), Initiation of
Proceedings (Article 34), Filing of the Case by the Commission (Article 35), Inter-American Defender
(Article 37), Preliminary Review of the Presentation of the Case (Article 38), Notification of the Case (Article
39(1) 39(2) and 39(4)), Brief containing Pleadings, Motions and Evidence (Arts. 40(1) and 40(2)), The
State’s Answer (Article
41(2)), Preliminary Objections (Article
42.6), Other Steps in the Written
Proceedings (Article 43), Arguments of Amicus Curiae (Article 44(1) and 44(3)), Objections to Expert
Witnesses (Article 48(1)b,d,e) and Hearing (Article 51(1) and 51(10).
22
Article 27(2) of the Rules.
23
Article 27(1) of the Rules.
5
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