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 duties 12 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 that the words "matter" and "case" are, with regard to the provisional
10
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), inter-American 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