4
12.
On July 23, 1986, Judge Jorge R. Hernández Alcerro informed the President of the Court
(hereinafter "the President") that, pursuant to Article 19(2) of the Stature of the Court, he had
"decided to recuse (him)self from hearing the three cases that . . . were submitted to the InterAmerican Court of Human Rights." The President accepted the disqualification and, by note of
that same date, informed the Government of its right to appoint a judge ad hoc under Article
10(3) of the Statute. The Government named Rigoberto Espinal Irías to that position by note of
August 21, 1986.
13.
In a note of July 23, 1986, the President confirmed a preliminary agreement that the
Government present its submissions by the end of August 1986. On August 21, 1986, the
Government requested the extension of this deadline to November 1986.
14.
By his Order of August 29, 1986, having heard the views of the parties, the President set
October 31, 1986 as the deadline for the Government's presentation of its submissions. The
President also fixed the deadlines of January 15, 1987 for the filing of the Commission's
submissions and March 1, 1987 for the Government's response.
15.
In its submissions of October 31, 1986, the Government objected to the admissibility of
the application filed by the Commission.
16.
On December 11, 1986, the President granted the Commission's request for an extension
of the deadline for the presentation of its submissions to March 20, 1987 and extended the
deadline for the Government's response to May 25, 1987.
17.
In his Order of January 30, 1987, the President made clear that the application which gave
rise to the instant proceeding should be deemed to be the Memorial provided for in Article 30(3)
of the Rules of Procedure. He also specified that the deadline of March 20, 1987 granted to the
Commission was the time limit set forth in Article 27(3) of the Rules for the presentation of its
observations and conclusions on the preliminary objections raised by the Government. The
President, after consulting the parties, ordered a public hearing on June 16, 1987 for the
presentation of oral arguments on the preliminary objections and left open the time limits for
submissions on the merits, pursuant to the above-mentioned article of the Rules of Procedure.
18.
By note of March 13, 1987, the Government informed the Court that because
the Order of January 30, 1987 is not restricted to matters of mere procedure nor
to the determination of deadlines, but rather involves the interpretation and
classification of the submissions (the Government) considers it advisable,
pursuant to Article 25 of the Stature of the Court and Article 44(2) of its Rules of
Procedure, for the Court to affirm the terms of the President's Order of January
30, 1987, in order to avoid further confusion between the parties. As these are
the first contentious cases submitted to the Court, it is especially important to
ensure strict compliance with and the correct application of the procedural rules of
the Court.
19.
In a motion contained in its observations of March 20, 1987, the Commission asked the
President to rescind paragraph 3 of his Order of January 30, 1987 in which he had set the date for
the public hearing. The Commission also observed that "in no part of its Memorial had the
Government of Honduras presented its objections as preliminary objections." In its note of June
11, 1987, the Government did however refer to its objections as "preliminary objections."
20.
By Resolution of June 8, 1987, the Court affirmed the President's Order of January 30,
1987, in its entirety.