Inter-American Court of Human Rights
Second preliminary objection
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* * Second preliminary objectionFailure to claim violation of Article 26 of the American Convention at the proper stage in the proceedings Pleadings of the State114. The State’s arguments regarding to its second preliminary objection were as follows: a) based on the principle of equality of arms and the right of defense, and in keeping with the Court’s case law, the Court should allow the exception for failure to claim violation of Article 26 of the American Convention; b) under Article 61 of the American Convention, only the Commission and the States parties determine the subject matter of the litigation; therefore, the representatives’ pleading that the Court consider the alleged violation of Article 26 of the Convention, in relation to Articles XI, XII, XIII and XV of the American Declaration of the Rights and Duties of Man, should be declared inadmissible; and c) the representatives’ claim regarding the State’s alleged violation of the rights upheld in Article 26 of the American Convention, in relation to Articles XI, XII and XV of the American Declaration, was never the subject of debate or discussion in the case before the Commission. Indeed, no reference is made to any such alleged violation in Report No. 126/01 on Admissibility and Merits. Directory: docs -> casos -> articulos docs -> #17622 Relational Leadership: New Developments in Theory and Practice docs -> Leadership Development Programs and ecq-based Readings articulos -> Inter-American Court of Human Rights Case of Loayza-Tamayo v. Peru Judgment of November 27, 1998 articulos -> Inter-American Court of Human Rights Case of DaCosta Cadogan v. Barbados Judgment of September 24, 2009 articulos -> Inter-American Court of Human Rights Case of Albán-Cornejo et al v. Ecuador Judgment of August 5, 2008 articulos -> Inter-American Court of Human Rights Case of Baldeón-García v. Perú Judgment of April 6, 2006 casos -> Operation Condor casos -> Humberto antonio sierra porto and eduardo ferrer mac-gregor poisot case of the kali articulos -> Official summary issued by the inter-american court Download 3.09 Mb. Share with your friends:
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