Extension of the suspension of time limits due to the health emergency caused by COVID-19
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
On March 17, 2020, by means of Agreement 1/20, the Inter-American Court of Human Rights decided to suspend the calculation of all the time limits due to the health emergency caused by COVID-19, from March 17 to April 21 inclusive, with the exception of the terms relating to provisional measures.
It is common knowledge that many countries in the region have been and continue to be affected by the disease COVID-19, classified by the World Health Organization as a health emergency with a global impact.
The countries of the region are adopting a variety of measures against the COVID-19 pandemic, which may affect the procedural activity before the Tribunal, and with the aim of collaborating with the various efforts being made in this area.
To extend the suspension of the calculation of all the terms that are currently in progress before this Court from April 22 to May 20 inclusive. This includes cases in the merits stage, supervision of compliance with judgment and advisory opinions. The terms related to provisional measures are exempted.
At the end of the last date indicated (May 20, 2020), the appropriate decisions on the continuity of this measure will be issued.
Make this agreement publicly known.
To give notice of this agreement concerning the decision to extend the suspension of the calculation of the terms, through the press release that will be disseminated tomorrow, to all the parties and to the Inter-American Commission on Human Rights in each pending case, whether under proceedings on the merits or supervision of compliance with judgment.
The aforementioned is also applicable to advisory opinions currently pending.
Suspension of time limits due to the health emergency caused by COVID-19
THE INTER-AMERICAN COURT OF HUMAN RIGHTS:
It is common knowledge that many countries in the region have been affected in recent days by the disease COVID-19, classified by the World Health Organization as a health emergency with a global impact. Press Release Inter-American Court of Human Rights I/A Court H.R._PR-18/2020 English Due to the declaration of pandemic by the World Health Organization of the spread of COVID-19 and in response to the "National Health Guidelines for the Surveillance of Coronavirus Infection" issued by the Ministry of Public Health of the Republic of Costa Rica, the Inter-American Court decided to suspend the 135 Regular Session scheduled for 14-24 April 2020. The countries of the region are taking a variety of measures against the COVID-19 pandemic, which may affect the procedural activity before the Tribunal and with the aim of collaborating with the various efforts being made in this area.
1. To suspend the computation of all the terms that are currently in progress before this Court from March 17 to April 21 inclusive. This includes cases in the merits stage, supervision of compliance with judgment and advisory opinions. The periods related to provisional measures are excepted.
2. At the end of the last date indicated (April 21), the pertinent decisions on the continuity of this measure will be issued.
3. Make this agreement publicly known.
4. To give notice, through the press release that will be disseminated today, of this agreement to all the parties and to the Inter-American Commission on Human Rights in each case in process, whether in the merits or supervision of compliance of sentence, the suspension of the calculation of the terms.
5. The aforementioned is also extended for advisory opinions currently pending.
CLARIFICATIONS IN RELATION TO THE PUBLICATION OF INFORMATION CONTAINED IN THE FILES OF CASES AT THE STAGE OF MONITORING COMPLIANCE WITH JUDGMENT
Whereas the Inter-American Court of Human Rights (hereinafter “the Court”) is responsible for monitoring States’ compliance with its decisions1, and has been publishing the orders it issues at the stage of monitoring compliance;
Whereas the State is obliged to comply with the Court’s judgment whatsoever the organs or institutions involved in the execution of the reparations ordered;
Taking into account that compliance with the Court’s judgments may benefit from the involvement of domestic organs, human rights bodies, and courts that, within their own spheres of competence, may require the corresponding public authorities to execute the reparations ordered in those judgments;
Whereas this involvement is particularly relevant with regard to those reparations that constitute guarantees of non-repetition, which benefit both the victims in the specific case and society as a whole;
Recognizing the interest shown by academia, non-governmental organizations, and other members of civil society in participating in the execution of the judgments in different ways, such as by submitting amicus curiae briefs, contributing to the dissemination of the Court’s case-law, and studying, commenting on, and debating essential aspects and challenges relating to both compliance with the judgments, as well as their impact.
1 An authority that also results from the provisions of Articles 33, 62(1), 62(3) and 65 of the American Convention and 30 of the Court’s Statute and that is regulated in Article 69 of its Rules of Procedure.
THE COURT AGREES:
Pursuant to Articles 60 of the American Convention on Human Rights, 25(1) and 25(3) of the Statute of the Court, and 32 of its Rules of Procedure, on the following provisions with regard to the publication on its website of information contained in the files of cases at the stage of monitoring compliance with judgment:
1. The Court will publish the information concerning compliance with the guarantees of non-repetition that is presented at the stage of monitoring compliance with the respective judgment. In their briefs, the parties and the Commission must forward this information to the Court separately from the information concerning the other measures of reparation that may have been ordered in the respective judgment.
2. The information on compliance with the other measures of reparation in the files on monitoring compliance will not be published, unless the Court or its President decides to the contrary, based on a duly justified request and after hearing the opinion of the parties to the proceedings.
3. The Court will publish amicus curiae briefs (Article 44(4) of the Court’s Rules of Procedure) submitted during the proceeding of monitoring compliance with judgment.
4. The Court will publish information on the implementation of the guarantees of non-repetition received from “other sources” that are not parties to the case, and information provided by experts, by virtue of the provisions of Article 69(2) of the Court’s Rules of Procedure.
5. For cases currently at the stage of monitoring compliance with judgment, the abovementioned provisions will come into force following the publication of this Agreement, and will require that the reports filed by States as well as the briefs with observations submitted by the victims’ representatives and the Inter-American Commission on the guarantees of non-repetition be submitted in accordance with the format indicated in paragraph 1 of this Agreement.
6. Regarding the reports and briefs presented prior to the publication of this Agreement, the President may authorize their publication in keeping with the indications in paragraphs 1 to 4 of this Agreement.
7. The Secretariat of the Court shall communicate these provisions to all cases at the stage of monitoring compliance, as well as by social media.
Clarification regarding the calculation of deadlines or time limits
Based on Article 60 of the American Convention on Human Rights; Articles 25(1) and 25(3) of the Statute of the Inter-American Court of Human Rights (hereinafter “the Court”); and Articles 1(3), 2, and 28 of the Court’s Rules of Procedure, this decision by the Full Court is intended to clarify the following points in relation to the calculation of deadlines or time limits contemplated in the Rules of Procedure or those established by the Court in its decisions:
1. Deadlines expressed in days in proceedings before the Court shall be counted in natural or calendar days.
2. Calendar days shall be understood to mean all days, including working days, non-working days and holidays. Non-working days shall be understood to mean Saturdays, Sundays and official holidays at the headquarters of the Court in Costa Rica. The pertinent information concerning official holidays in Costa Rica will be posted on the Court’s web site http://www.corteidh.or.cr/.
3. Deadlines or time limits shall be calculated beginning on the first working day following notification.
4. Any deadline or time limit that expires on a non-working day shall be considered to have expired on the next working day.
5. All deadlines or time limits expire at 24:00 hours according to Costa Rican time.
6. Each year the Court shall establish a recess period during the year-end holidays. The presentation of briefs whose deadlines expire within this period, may be deferred until the first working day after the expiry of said deadlines. This does not apply to provisional measures. The pertinent information on the year-end recess will be available on the Court’s web site.
* Judges Diego García-Sayán and Alberto Pérez Pérez excused themselves from considering this matter, due to a justification presented, and for reasons of force majeure, respectively.
Por acuerdo de la Corte Interamericana de Derechos Humanos adoptado en el marco del LXXIV Período ordinario de sesiones (22 de enero al 3 de febrero de 2007), se decidió modificar el formato de las sentencias que el Tribunal ha utilizado hasta el presente. El nuevo formato busca reducir el tamaño de las sentencias, de forma tal que sean más accesibles al público, sin dejar de hacer un estricto análisis de la prueba y las alegaciones de las partes, y sin restringir las consideraciones de hecho y derecho pertinentes.
El cambio de formato también obedece a diversas solicitudes recibidas en el Tribunal por parte de los Estados miembros de la Organización de Estados Americanos, universidades y académicos de la región y organizaciones de la sociedad civil, entre otros, así como a la propia reflexión interna del Tribunal.