60
However, as the Rules of Procedure of the Court do not specify a specific
opportunity to submit comments on the representatives’ brief of pleadings
and motions, the Commission’s interpretation is that the State included those
comments in the answer to the application and called them a “preliminary
objection”;
b)
in its answer to the application, the State must specify whether it
accepts the facts and claims or whether it contests them, and the Court may
consider accepted those facts that have not been expressly denied and the
claims that have not been expressly contested.
Therefore, it is the
Commission’s application and the State’s answer that determine the object of
the litis before the Court;
c)
the Court has the inherent power to determine the scope of its own
competence (compétence de la compétence / Kompetenz-Kompetenz) in the
instant case.
Moreover, by virtue of the principle of iura novit curia,
“repeatedly invoked in the jurisprudence of international courts,” the Court
has “the authority and even the duty to apply the pertinent legal provisions in
a case, even when the parties do not expressly invoke them”;
d)
the representatives never alleged that the State had violated Article 26
of the Convention or Articles XI, XII, XIII and XV of the American Declaration,
either in their original petition or throughout the approximately five years of
proceedings in the case in the Commission. The Commission, therefore,
never forwarded any such allegations of law to the State, nor were they
debated in the proceedings before the Commission; and
e)
if the Court considers that the representatives’ argument pertains to
the violation of Article 19 of the Convention and that the reference to Article
26 of the American Convention and the provisions of the American
Declaration and the Convention on the Rights of the Child is for the purpose
of steering the interpretation of Article 19 of the Convention, the Commission
would not object, as Article 19 was at issue in the case before the
Commission and figures in the report on the merits and in the application.
Pleadings of the representatives
116. With regard to the second preliminary objection posed by the State, the
representatives:
a)
asked the Court to dismiss the objection inasmuch as the facts that
support the violation of Article 26 of the Convention were debated in the
proceedings before the Commission. In fact, the Commission included these
violations in Report No. 126/01 on Admissibility and Merits and in the
application it filed with the Court, but simply classified them in a different
juridical category;
b)
based their position on the fact that with the entry into force of the
Court’s new Rules of Procedure, they now have autonomous standing to
submit their interpretation of the facts in the case and the rights violated; and
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