Chapter
Table of Rules of Procedure of the Inter-American Court of Human Rights, Entered into Force 1 January 2010, Approved by the Court During its LXXXV Regular Period of Sessions, Held from November 16 to November 28, 2009
Table of Rules of Procedure of the Inter-American Commission on Human Rights, Entered into Force 31 December 2010, Approved by the Commission at Its 137th Regular Period of Sessions Held from October 28 to November 13, 2009, and Modified September 2, 2011
Table of Other Legal Instruments and Documents
THE INTER-AMERICAN HUMAN RIGHTS SYSTEM
A CONCISE HISTORY OF THE INTER-AMERICAN COURT
THE COURTS INTERPRETATION OF THE AMERICAN CONVENTION
AN ILLUSTRATIVE CONTENTIOUS CASE
Procedures before the Commission
Jurisdiction of the Court
Initial Procedures before the Court
Partial Acceptance of International Responsibility
Proceedings on the Merits
PAST PROCEDURAL ADVANCES MADE BY THE COURT AND THE COMMISSION
MORE RECENT PROCEDURAL CHANGES
LIMITATIONS INFLUENCING THE EFFECTIVENESS OF THE INTER-AMERICAN SYSTEM
Inadequate Funding of the Court and the Commission
Failure of the Political Organs to Exert Political Pressure on States
Quality Control of Judges Elected to the Court
CONTINUTING PROPOSALS TO ALTER THE INTER-AMERICAN SYSTEM
PART I: The Advisory Jurisdiction of the Inter-American Court
2 Advisory Practice and Procedure
CHARACTER AND SCOPE OF THE INTER-AMERICAN COURTS ADVISORY JURISDICTION
Jurisdiction Ratione Personae (Standing)
Standing of Member States
Jurisdiction Ratione Materiae (Subject Matter Jurisdiction)
Jurisdiction to Issue Advisory Opinions Interpreting the American Convention
Jurisdiction to Issue Advisory Opinions Interpreting Other Treaties
Jurisdiction to Issue Advisory Opinions on the Compatibility of Domestic Laws of a Member State
Jurisdiction Ratione Temporis Following the Attempted Withdrawal of a Request for an Advisory Opinion
ADVISORY JURISDICTION SUBJECT TO THE COURTS DISCRETION
Discretion to Exercise Advisory Jurisdiction over a Case in Dispute between Two States or between a State and an International Organization
Discretion to Exercise Advisory Jurisdiction over a Dispute that is before Another International Body
COURT PROCEDURES APPLICABLE TO AN ADVISORY OPINION REQUEST
Requirements of the Request
Notification of the Submission
Preliminary Objections to an Advisory Request
Content, Delivery, and Publication of Advisory Opinions
DOMESTIC AND INSTITUTIONAL IMPLEMENTATION OF THE COURT'S ADVISORY OPINIONS
PART II: The Contentious Jurisdiction of the Inter-American Court of Human Rights
3 Proceedings before the Inter-American Commision
INITIAL PROCESSING OF PETITIONS
Technical Informational Requirements
Petition Not Substantially the Same as One Previously Studied or Pending before Another International Body
Exhaustion of Domestic Remedies
Domestic Remedies Must Be Available, Adequate, Appropriate, and Effective
Exceptions to the Exhaustion of Domestic Remedies
DECISION ON ADMISSIBILITY
FACT-FINDING BEFORE THE COMMISSION
Hearings before the Commission Are Not Required
On-Site Investigations in the State Are Not Required
Presumption of the Truth of the Allegations in the Petition
WITHDRAWAL AND ARCHIVING OF PETITIONS AND CASES
THE COMMISSIONS DECISION TO SUBMIT A CASE TO THE COURT
Deadline for Submission of a Case to the Court
Extension of the Time Period for Submission of a Case
4 Jurisdiction of the Inter-American Court
COMPÉTENCE DE LA COMPÉTENCE
SCOPE OF THE JURISDICTION OF THE INTER-AMERICAN COURT
MANNER IN WHICH A STATE MAY ACCEPT THE JURISDICTION OF THE INTER-AMERICAN COURT
JURISDICTION RATIONE MATERIAE
The “Fourth Instance Formula”
Manifestly Groundless Petitions
State Reservations Modifying the Ratione Materiae of the Convention
JURISDICTION RATIONE PERSONAE
Jurisdiction Ratione Personae: Passive Legitimation
Jurisdiction Ratione Personae: Active Legitimation
Jurisdiction Ratione Personae: Standing to File a Complaint with the Commission
Jurisdiction Ratione Personae to Consider Petitions Filed by Any Person or Group of Persons
Jurisdiction Ratione Personae to Consider Concrete Cases
Jurisdiction Ratione Personae to Consider Cases in Which the Victim Is an Individual or Shareholder in a Business Entity
Jurisdiction Ratione Personae to Consider State-Filed Complaints
JURISDICTION RATIONE TEMPORIS
Lack of Jurisdiction Ratione Temporis If the Violation Took Place before the State Accepted the Jurisdiction of the Court
Jurisdiction Ratione Temporis over Continuing Violations
Forced Disappearance as a Continuing Violation
The Failure to Investigate, Prosecute, and Punish May Constitute a Continuing Violation
Violation of Property Rights May be a Continuing Violation
Continuing Violations of Other Treaties
State Acceptance of Jurisdiction with a Temporal Condition
Jurisdiction Ratione Temporis over States that Denounce the Convention
Jurisdiction Ratione Temporis over States that Attempt to Withdraw Acceptance of the Jurisdiction of the Court
JURISDICTION RATIONE LOCI
Jurisdiction Ratione Loci Not Limited to a State’s Physical Territory
Limitation of Jurisdiction Ratione Loci Must Be Expressly Permitted by Treaty
5 Proceedings on the Merits: Fact-Finding and Attribution of State Responsibility
THE SCOPE OF THE COURT'S FACT-FINDING POWERS
THE COURTS AUTHORITY TO ADMIT EVIDENCE ON ITS OWN MOTION
Objections to Witnesses and Alleged Victims
Presumptions and Circumstantial Evidence
WRITTEN CLOSING ARGUMENTS
DISCONTINUANCE, ACQUIESCENCE, AND FRIENDLY SETTLEMENT
DELIBERATIONS AND JUDGMENT
INTERPRETATION OF JUDGMENT
REVISION OF JUDGMENT ON THE BASIS OF NEWLY DISCOVERED FACTS OR FRAUDULENT EVIDENCE
ATTRIBUTION OF STATE RESPONSIBILITY
FAILURE TO INVESTIGATE AND PUNISH VIOLATIONS BY PERSONS NOT ACTING ON BEHALF OF THE STATE
SCOPE OF THE INTER-AMERICAN COURTS AUTHORITY TO ORDER REPARATIONS
THE GOAL OF FULL RESTITUTION (RESTITUTIO IN INTEGRUM)
TYPES OF REPARATIONS ORDERED BY THE INTER-AMERICAN COURT
Restoration of Liberty to Persons Who Were Illegally Detained
The Return of Illegally Seized Property
Protection for Displaced Victims to Return to Their Homes
Reinstatement of Employment
Expungement of Public Records
Return, Demarcation, and Award of Title to the Ancestral Lands of Indigenous Communities
Miscellaneous Measures of Restitution to Restore the Status Quo Ante
Public Act to Acknowledge Responsibility
Publication or Dissemination of the Judgment of the Inter-American Court
Measures to Commemorate the Victims or the Events
Locating and Identifying the Victims
Educational Expenses and Training
Community-Based Reparations
Miscellaneous Measures of Satisfaction
GUARANTEES OF NONREPETITION
Amend, Annul, or Repeal Incompatible Domestic Laws
Declaration that Domestic Law Lacks Legal Effect
Authority to Rule after the State Accepts International Responsibility
No Ruling If the Domestic Law Is No Longer in Effect
Court Order to Annul or Execute a Domestic Judgment or Ruling
Adopting Other Measures to Guarantee the Nonrepetition of Violations
OBLIGATION TO INVESTIGATE, PROSECUTE, AND PUNISH
Prosecution and Punishment
JUDGMENT PER SE AS A FORM OF REPARATIONS
Loss of Earnings and Benefits
Beneficiaries of Lost Earnings of Deceased Victims
Determination of Amount of Nonpecuniary Damages
Beneficiaries of Deceased or Disappeared Victim’s Nonpecuniary Damages
Costs and Expenses Based in Equity
No Reparations for Injury to the Victim’s Life Plan
REPARATIONS AGREEMENTS BETWEEN STATES AND VICTIMS
Irreparable Damages to Persons
INHERENT AUTHORITY TO ORDER PROVISIONAL MEASURES
PRECAUTIONARY MEASURES ORDERED BY THE COMMISSION
ENTITIES AUTHORIZED TO REQUEST PROVISIONAL MEASURES
TEMPORAL JURISDICTION TO ORDER PROVISIONAL MEASURES
The President’s Adoption of Urgent Measures When the Court Is Not in Session
PLENARY COURTS CONSIDERATION OF PROVISIONAL MEASURES REQUESTS
DISCRETION TO ORDER PROVISIONAL MEASURES
BENEFICIARIES OF PROVISIONAL MEASURES
Witnesses before Domestic and Inter-American Authorities
Human Rights Advocates and Organizations
Persons Deprived of Their Freedom
Persons Dislocated during Internal Armed Conflicts
MAINTENANCE OF PROVISIONAL MEASURES
LIFTING (TERMINATING) PROVISIONAL MEASURES
BINDING NATURE OF PROVISIONAL MEASURES
MONITORING PROVISIONAL MEASURES
DOMESTIC IMPLEMENTATION OF PROVISIONAL MEASURES
8 State Compliance with Court-Ordered Reparations
MONITORING STATE COMPLIANCE WITH JUDGMENTS
STATE ACCEPTANCE OF INTERNATIONAL RESPONSIBILITY
Voluntary Apology and Dissemination of the Truth
Anticipatory Remedial State Action
IMPLEMENTATION OF INTER-AMERICAN COURT ORDERS TO PAY COMPENSATORY DAMAGES
Prior Payment Authorized by States
IMPLEMENTATION OF MEASURES OF RESTITUTION
IMPLEMENTATION OF MEASURES OF REHABILITATION
IMPLEMENTATION OF MEASURES OF SATISFACTION
IMPLEMENTATION OF MEASURES OF NONREPETITION
Annul or Execute Domestic Court Rulings
IMPLEMENTATION OF ORDERS TO INVESTIGATE, PROSECUTE, AND PUNISH
ALTERNATIVE FORMS OF REPARATIONS
EFFORTS TO IMPROVE COMPLIANCE WITH COURT ORDERS
APPENDIX 1: American Convention On Human Rights
Part I STATE OBLIGATIONS AND RIGHTS PROTECTED
Chapter I: General Obligations
Article 1: Obligation to Respect Rights
Article 2: Domestic Legal Effects
Chapter II: Civil and Political Rights
Article 3: Right to Juridical Personality
Article 5: Right to Humane Treatment
Article 6: Freedom From Slavery
Article 7: Right to Personal Liberty
Article 8: Right to A Fair Trial
Article 9: Freedom From Ex Post Facto Laws
Article 10: Right to Compensation
Article 11: Right to Privacy
Article 12: Freedom of Conscience and Religion
Article 13: Freedom of Thought and Expression
Article 14: Right of Reply
Article 15: Right of Assembly
Article 16: Freedom of Association
Article 17: Rights of The Family
Article 18: Right to A Name
Article 19: Rights of The Child
Article 20: Right to Nationality
Article 21: Right to Property
Article 22: Freedom of Movement and Residence
Article 23: Right to Participate In Government
Article 24: Right to Equal Protection
Article 25: Right to Judicial Protection
Chapter III: Economic, Social, and Cultural Rights
Article 26: Progressive Development
Article 27: Suspension of Guarantees
Article 28: Federal Clause
Article 29: Restrictions Regarding Interpretation
Article 30: Scope of Restrictions
Article 31: Recognition of Other Rights
Chapter IV: Suspension of Guarantees, Interpretation, and Application
Article 27: Suspension of Guarantees
Article 28: Federal Clause
Article 29: Restrictions Regarding Interpretation
Article 30: Scope of Restrictions
Article 31: Recognition of Other Rights
Chapter V: Personal Responsibilities
Article 32: Relationship Between Duties and Rights
Part II MEANS OF PROTECTION
Chapter VI: Competent Organs
Chapter VII: Inter-american Commision On Human Rights
Chapter VIII: Inter-american Court of Human Rights
Section 2: Jurisdiction and Functions
Chapter IX: Common Provisions
Part III GENERAL AND TRANSITORY PROVISIONS
Chapter X: Signature, Ratification, Reservations, Amendments, Protocols, and Denunciation
Chapter XI: Transitory Provisions
Section 1 Inter-american Commission On Human Rights
Section 2 Inter-american Court of Human Rights
APPENDIX 2: Rules of Procedure of The Inter-American Court of Human Rights
TITLE I ORGANIZATION AND FUNCTIONING OF THE COURT
Chapter I: The Presidency and Vice-presidency
Article 3. Election of The Presidency and the Vice-presidency
Article 4. Functions of The Presidency
Article 5. Functions of The Vice-presidency
Chapter II: The Secretariat
Article 7. Election of the Secretary
Article 8. Deputy Secretary
Article 10. Functions of the Secretary
Chapter III: Functioning of the Court
Article 11. Regular Sessions
Article 12. Extraordinary Sessions
Article 13. Sessions Held Away from the Seat of the Court
Article 15. Hearings, Deliberations, and Decisions
Article 16. Decisions and Voting
Article 17. Continuation in office of the Judges
Article 18. Interim Judges
Article 19. National Judges
Article 20. Judges Ad Hoc in Interstate Cases
Article 21. Impediments, Recusals, and Disqualification
Article 22. Official Languages
Article 23. Representation of the States
Article 24. Representation of the Commission
Article 25. Participation of the Alleged Victims Or their Representatives
Article 26. Cooperation of The States
Article 27. Provisional Measures
Article 28. Filing of Briefs
Article 29. Default Procedure
Article 30. Joinder of Cases and Proceedings
Article 32. Publication of Judgments and Other Decisions
Article 33. Transmission of Briefs
Chapter II Written Proceedings
Article 34. Initiation of Proceedings
Article 35. Filing of the Case by the Commission
Article 36. Filing of the Case by a State
Article 37. Inter-American Defender
Article 38. Preliminary Review of the Presentation of the Case
Article 39. Notification of the Case
Article 40. Brief Containing Pleadings, Motions, and Evidence
Article 41. The States Answer
Article 42. Preliminary Objections
Article 43. Other Steps in the Written Proceedings
Article 44. Arguments of Amicus Curiae
Chapter III Oral Proceedings
Article 46. Definitive List of Declarants
Article 47. Objections to Witnesses
Article 48. Objections to Expert Witnesses
Article 49. Substitution of Declarants offered
Article 50. Offering, Convocation, and Appearance of Declarants
Article 52. Questions During The Debates
Article 53. Protection of Alleged Victims, Witnesses, Expert Witnesses, Representatives, and Legal Advisers
Article 54. Failure to Appear or False Testimony
Article 55. Minutes of the Hearings
Chapter IV Final Written Proceedings
Article 56. Final Written Arguments
Article 58. Procedure For Taking Evidence
Article 59. Incomplete or Illegible Evidence
Article 60. Cost of Evidence
Chapter VI Discontinuance, Acquiescence, and Friendly Settlement
Article 61. Discontinuance of a Case
Article 63. Friendly Settlement
Article 64. Continuation of a Case
Article 65. Contents of the Judgment
Article 66. Judgment on Reparations and Costs
Article 67. Delivery and Communication of the Judgment
Article 68. Request For Interpretation
Article 69. Procedure For Monitoring Compliance With Judgments and Other Decisions of the Court
Title III Advisory Opinions
Article 70. Interpretation of the Convention
Article 71. Interpretation of Other Treaties
Article 72. Interpretation of Domestic Laws
Article 74. Application by Analogy
Article 75. Delivery and Content of Advisory Opinions
Title IV Rectification of Errors
Article 76. Rectification of Errors in Judgments and Other Decisions
Title V Final and Temporary Provisions
Article 77. Amendments to the Rules of Procedure
Article 78. Entering into Force
ARTICLES AND CHAPTERS IN EDITED VOLUMES
OTHER INTERNATIONAL REPORTS AND DOCUMENTS
The Practice and Procedure of the Inter-American Court of Human Rights
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