6
representatives once again to forward the remaining documents, requested inn
order to facilitate adjudication of the case (supra para. 17). Neither the State nor
the representatives filed the documents required.
22.
On October 6 and 7, 2005 the representatives and the Inter-American
Commission each filed their final written arguments on the merits and possibly
reparations and costs.
23.
On November 11, 2005 the State filed a brief containing “some
considerations to facilitate adjudication of the case”, in connection with the instant
case. In such respect, the Court observes that in accordance with the Order of the
President of August 19, 2005 (supra para. 18), the non-extendable term for the
parties to file their final written arguments expired on October 7, 2005.
Furthermore, the Tribunal observes that the aforementioned brief, which the State
calls “considerations to facilitate adjudication of the case”, is no part of the
procedure before this Tribunal under its Rules of Procedure. Indeed, after the term
for filing the final written arguments has expired and once the proceedings are
ready for a Judgment to be handed down, the Rules of Procedure do not
countenance the performance of any other procedural acts aimed at advancing
arguments. In view of the foregoing, the Court rejects the brief filed by Peru on
November 11, 2005.
V
PRELIMINARY CONSIDERATIONS
(ACKNOWLEDGMENT OF RESPONSIBILITY)
24.
Hereinafter, the Court will proceed to determine the scope of the
acknowledgment of international responsibility carried out by the State (supra
paras. 12 and 14).
25.
Article 38(2) of the Rules of Procedure provides that
[i]n its answer, the respondent must state whether it accepts the facts and claims or
whether it contradicts them, and the Court may consider accepted those facts that
have not been expressly denied and the claims that have not been expressly
contested.
26.
Article 53(2) of the Rules of Procedure provides that
[i]f the respondent informs the Court of its acquiescence to the claims of the party that
has brought the case as well as to the claims of the representatives of the alleged
victims, their next of kin or representatives, the Court, after hearing the opinions of the
other parties to the case, shall decide whether such acquiescence and its juridical
effects are acceptable. In that event, the Court shall determine the appropriate
reparations and indemnities
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