IX
for this deferral would indeed be to offer the Respondent State a possible right
of response to the Applicant's written observations.
33. Therefore, the Court appears to have sided with the Respondent State
which has made the deliberate choice not to appear at the hearing. By giving
preferential treatment to one of the Parties to the detriment of the other, the
Court breaks with the principle of equality of the parties which should prevail in
the exercise of its judicial function.
* *
34. In conclusion, it is my opinion that the adoption of this Order was not
justified. This Order is also dangerous for the integrity of the judicial function
and authority of the Court. Furthermore, it needlessly prolongs the procedure in
a matter whereby, lest we forget, the Applicant is currently serving a term of
imprisonment and is challenging the legality of that sentence before this Court.
35. Lastly, I would like to observe that the Order was signed by only the
President of the Court (and countersigned by the Registrar), whereas it was
adopted at a session of the Court and put to vote by all the members of the
Court in attendance. Like all other Orders adopted during sessions of the Court,
as well as all judgements and advisory opinions, the Order should have been
signed by all the Judges in attendance. A greater degree of consistency should
therefore be observed in the practice of the Court, except considering that Court
Orders carry with them different authority depending on whether they are
signed by only the President or by all members of the Court.
36. In the Inter-American Court of Human Rights, for example, there are two
types of Order: Orders issued by the Court and signed by all the Judges that
15
participated in their adoption , and Orders issued by the President of18the Court
17
16
and signed only by the latter ; judgments and advisory opinions are also
signed by all members of the Court. In the International Court of Justice, there
are similarly two types of Order: Orders issued by the Court, the introductory
part of which bears. the names of all the Judges who participated in their
15
For example, see: http://www.corteidh.or.cr/docs/medidas!fleury se 03 fr.pdf.
16
For example, see: http://www.corteidh.or.cr/docs/asuntos/solicitud 21 05 15 fr.pdf.
17
For example, see: http://www.corteidh.or.cr/docs/cacos/articulos/seriec 309 in g. pdf.
18
For example, see: http://www.corteidh.or.cr/docs/opiniones/seriea 21 end. pdf.