IV.
THE CHAMBER'S RULES OF PROCEDURE
Annex 6 provides
that the Chamber "shall develop fair and effective procedures
for the adjudication of applications" and that such procedures
"shall provide for appropriate written pleadings and,
on the decision of the Chamber, a hearing for oral argument
or the presentation of evidence" (Article X, para. 1).
Initially, the Chamber decided its procedure ad hoc, and on
the basis of provisional Rules of Procedure adopted in July
1996, in line with the principles set forth in the Dayton
Peace Agreement. The Chamber's Rules of Procedure (attached
to this Report as Annex D), adopted in December 1996 and modified
in May and September 1998 and again in March 2001, are intended
to give effect to those principles. They are modeled to a
large extent on the rules of procedure of the former European
Commission and Court of Human Rights, although substantial
adjustments have been made to accommodate the special composition
and circumstances of the Chamber.
The Rules provide
for a combination of written and oral procedure and for consideration
of issues of both admissibility and merits. The Rules also
provide for, among other matters, the giving of priority to
particular applications, provisional measures, procedures
at hearings, amicable resolutions, the award of monetary relief
and proceedings for review by the plenary Chamber of decisions
of the panels. There are a number of possible outcomes to
proceedings before the Chamber, such as a decision rejecting
the application as inadmissible, a friendly settlement of
the case, a decision to strike the application off the case
list, or a decision on the merits. The Chamber's decisions
on the merits and decisions on review are delivered at public
hearings.
|