17
should be calculated. Similarly, a time limit in months should be calculated as “calendar
months.”47 Consequently, even though the last day of the period was a Sunday, the
representatives should have sent the brief on that date and not on the following working
day. Despite this, the Court does not consider that admitting the representatives’ brief in
these specific circumstances affects legal certainty or the procedural balance of the parties,
because it was received with a minimum delay.48
61.
Also, regarding the evidence provided with this brief, even though Article 36 of the
Rules of Procedure establishes that the representatives have two months from the
notification of the application to present their pleadings, motions and evidence, Article 26 of
these Rules establishes that, if the pleadings and motions brief is remitted electronically,
the original and the accompanying evidence “shall be submitted” (“deverão ser remitidos”
[Note: must be forwarded in the Portuguese version]), within seven days at the latest.49 It
can therefore be interpreted, as the representatives have, that the said term of seven days
refers to the act of the parties sending the said documents, and not to their reception by
the Court.50
62.
Furthermore, the Court notes that the State had a copy of the pleadings and motions
brief as of April 10, 2008, received nine of the twelve attachments mentioned in the said
brief on May 20, 2008, and finally on May 23, 2008, received all the attachments. The
extension granted, ex officio, by the President on May 20, 2008, for the State to present its
answer to the application by July 7, 2008, was substantially the same as the time that
elapsed between the expiry of the period stipulated in Article 26(1) of the Rules of
Procedure and the date on which the State received the original pleadings and motions brief
and its attachments.
63.
Despite the State’s affirmation that “the adversarial principle was violated, because it
had to make urgent unexpected changes in its defense to answer new arguments by the
representatives, and that it had been granted an extension of five weeks, which was less
than the delay incurred by the representatives,” it did not indicate what the supposed “new
arguments of the representatives” were or the reasons that justified the difficulty in
47
Cf. Rules of Procedure of the Court. Article 2. Definitions, subparagraphs 11 and 21.
48
In the Kimel case, the Court indicated that: “[a]s to the two-day delay incurred by the representatives in
submitting their brief of closing arguments, the Court bears in mind that, according to its prior decisions in similar
cases, ‘the formalities inherent to certain branches of domestic law do not apply under International Human Rights
Law, the main purpose of which is the due and adequate protection of such rights.’ Hence, it considers that such
delay does not amount to an excessive term which may be the grounds for rejecting said brief, taking into
consideration that the access of individuals to the Inter-American system for the protection of human rights is
particularly relevant for the elucidation of the facts and the determination of possible reparation measures”. Case
of Kimel v. Argentina. Merits, reparations and costs. Judgment of May 2, 2008 Series C No. 177, para. 12. Cf. Case
of Reverón Trujillo v. Venezuela. Preliminary objection, merits, reparations and costs. Judgment of June 30, 2009,
Series C No. 197, para. 13; Case of Escué Zapata v. Colombia. Order of the Inter-American Court of Human Rights
of December 20, 2006, tenth considering paragraph; Case of the Ituango Massacres v. Colombia. Preliminary
objection, merits, reparations and costs. Judgment of July 1, 2006. Series C No. 148, para. 117, and The “White
Van” (Paniagua Morales et al.) v. Guatemala. Preliminary objections. Judgment of January 25, 1996. Series C No.
23, paras. 37 and 39.
49
This expression corresponds, in the Spanish and French versions of the Rules of Procedure to “deberán ser
remitidos” and “doivent être présentés,” respectively.
50
To avoid the possibility of ambiguity in the interpretations of this time limit, the Rules of Procedure of the
Court in force as of March 24, 2009 establish:
Article 27(1). Filing of briefs
The application, the answer thereto, the brief containing pleadings, motions, and evidence, as well as
any other written material addressed to the Court, may be presented in person, by courier, facsimile,
telex, mail, or any other method generally used. When any such material is transmitted to the Court by
electronic means, the original documents and annexes must be submitted to the Tribunal within a nonrenewable term of 21 days as from the expiration of the deadline established to submit those
documents. To ensure the authenticity of the documents the Court shall have an adequate protocol.