4
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.
20.
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."
21.
By Resolution of June 8, 1987, the Court affirmed the President's Order of January 30,
1987, in its entirety.
22.
The hearing on the preliminary objections raised by the Government took place on June
15, 1987. Representatives of the Government and the Commission participated in this hearing.
23.
On June 26, 1987, the Court delivered its judgment on the preliminary objections. In this
unanimous decision, the Court:
1.
Reject(ed) the preliminary objections interposed by the Government of
Honduras, except for the issues relating to the exhaustion of the domestic legal
remedies, which (were) ordered joined to the merits of the case.
2.
Decide(d) to proceed with the consideration of the instant case.
3.
Postpone(d) its decision on the costs until such time as it renders
judgment on the merits.
(Velásquez Rodríguez Case, Preliminary Objections, Judgment of June 26,
1987. Series C No. 1).
24.
On that same date, the Court adopted the following decision:
1.
To instruct the President, in consultation with the parties, to set a deadline
no later than August 27, 1987 for the Government to submit its Counter-Memorial
on the merits and offer its evidence, with an indication of the facts that each item
of evidence is intended to prove. In its offer of proof, the Government should
show how, when and under what circumstances it wishes to present the evidence.
2.
Within thirty days of the receipt of the submission of the Government, the
Commission must ratify in writing the request of proof already made, without
prejudice to the possibility of amending or supplementing what has been offered.
The Commission should indicate the facts that each item of evidence is intended
to prove and how, when and under what circumstances it wishes to present the
evidence. As soon as possible after receiving the Government's submission
referred to in paragraph one, the Commission may also supplement or amend its
offer of proof.
3.
To instruct the President, without prejudice to a final decision being taken
by the Court, to decide preliminary matters that might arise, to admit or exclude
evidence that has been offered or may be offered, to order the filing of expert or