"[a]ny matters investigated by the police or matters that are settled at trial before the
courts."9
But also, it can be said that, according to the context of the terms,10 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), in contrast, it uses the word "case," in singular or plural, in
five of its provisions.11 this patter is repeated 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 duties12 and, in the other two, in reference to contentious
jurisdiction.13 Furthermore, in a fourth provision, the term “case” is used.14 And, in the
Rules of Court, the same thing can be seen because while the word "case" is used in 27
articles,15 "matter" is used only in the provision concerning the authority of the Court to
order provisional measures at the request of the Commission,16 in "matters” yet to be
submitted to (its) consideration."
But even regarding the latter provision, it should be borne in mind that it comes after
reiterating17 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.
Consequently, not only the Convention, an agreement between States and an
autonomous and foremost source, therefore, of the rule applicable to this matter, states
9
10
Idem.
Art. 31(1) quoted above.
11
They 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).
12
That may well relate to the Court's advisory role and even administrative matters (Art. 12(2)).
13
Obstacles and incapacities of the judges in contentious matters (Art. 19(1), 2 and 3) and the
attendance of the Commission in the trials held before the Court (Art. 28).
14
Annual report that should be issued to the OAS General Assembly (Art. 30).
15
In the articles concerning definition of amicus curiae (Art. 2(3)) and judge (Art. 2(17)), decisions and
voting (Art. 16), continuation of judges in their roles (Art. 17), national judges (Art. 19), ad hoc judges in
interstate cases (Art. 20), obstacles, recusals and disqualification (Art. 21), official languages (Art. 22), State
representation (Art. 23), participation of the alleged victims or their representatives (Art. 25), State
cooperation (Art. 26), joinder of cases and proceedings (Art. 30), publication of judgments and other decisions
(Art. 32), initiation of proceedings (Art. 34), submission of the case by the Commission (Art. 35), interAmerican defense (Art. 37), preliminary review of the presentation of the case (Art. 38), notification of the case
(Art. 39(1) 39(2) and 39(4)), brief containing pleadings, motions and evidence (Art. 40(1) and 40(2)), the
State's answer (Art. 41(2)), preliminary objections (Art. 32), other steps in written proceedings (Art. 43),
amicus curiae arguments (Art. 44(1) and 44(3)), disqualification of expert witnesses (Art. 48(1)b, d, e) and
hearing (Art. 51(1) and 51(10).
16
Art. 27(2) of the Rules of Procedure.
17
Art. 27(1) of the Rules of Procedure.
3