reference for the matter that is now analyzed.
34.
The Court receives in public hearing, whenever necessary, the evidence
provided by the parties to clarify a controversy and listens to the same directly. This is
not the only way to know of the aspects of the case and gather elements for its
adjudication. An important part of the jurisdictional proceedings is carried out in
writing. Only the second part is developed with immediacy, publicity, and orally,
always without detriment of the tribunal’s possibility to receive written petitions,
evidentiary elements, and arguments.
35.
Throughout the previous years, the tribunal has considerably increased the
number of matters tended to and solved, and of hearings during its regular sessions.
To these they have added those held in extraordinary sessions, outside the Court’s
headquarters, system that became rooted in those same years. Besides, the tribunal
has established a new practice consisting in special hearings to know of the progress in
the compliance of judgments.
36.
In synthesis, the holding of hearings characterizes the Court’s performance,
even though it is not the only means used for compliance of its tasks. The option
among the different procedural forms –in what refers to the written or oral
substantiation—derives from the stipulations of the rules of procedures, of the general
need to deal with and the conditions of each matter subject to examination. A double
and ineludible rule is observed: need and appropriateness. On the contrary, it would be
incurring in one of the two undesirable extremes: suppression or decrease of the
hearings, on one hand, or an unnecessary multiplication of the same, on the other. It
is important to mention that the majority –almost the totality—of the stages in which
the Court hears of the merits of the controversy and of the possible reparations include
the holding of hearings. The same does not occur with the stage for the interpretation
of the judgment. Less than five hearings have been held in the last eighteen years,
period during which the tribunal considered more than twenty-five requests. It was not
necessary to hold them because the court had the necessary elements –as in the
present case- to rule on the interpretation of the corresponding judgments.
38.
The public hearing gives the parties the possibility to offer the tribunal elements
that will help them form an opinion for the effects of the decision it will adopt, when
necessary. The idea is to make access to justice easier, allowing a public exposure of
the damages caused and of the evidentiary and argumentative response of the
counterparty. Of course, there is a great difference between an academic deliberation,
which is a debate among all the participants, and a legal hearing, in which the debate
occurs only between the parties, who hold a dialogue in order to convince the tribunal.
In this hypothesis, the tribunal deliberately places itself outside of the debate and it
conserves, with regard to the merits and the form –both important--, the attitude of
impartiality that characterizes its performance and concurs to establish its
consideration and respectability, without becoming a main character in the
controversy. It would be completely inadequate for the tribunal or its members to
debate with the parties at a hearing.
39.
In this case there was a public hearing at an extraordinary session held in the
city of Guatemala. There the Court heard what the parties wished to contribute and
argue before the full Court. The contentious matter was presented with freedom and
sufficiency in the conditions of maximum publicity and visibility that normally
characterize extraordinary sessions. It is possible for differences to arise between the
parties regarding how to express their corresponding positions, and even regarding the
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