Annex 6 to the
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  Annual Report 2002
                 

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, paragraph 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 (see Annex D), adopted on 13 December 1996 and amended on 15 May and 11 September 1998, 8 March 2001, 4 November 2002 and 8 March 2003 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 admissibility and merits. The Chamber's decisions on admissibility and merits (or merits only), decisions on review and decisions on further remedies are orally delivered at public hearings.