The Tribunal in practice

The PPT receives a request from movements, associations, individuals and communities to activate an investigation procedure. In a letter to the PPT Presidency and Secretary General, the requesting organizations set out their concerns and issues that should be addressed by the session; they also specify: whether formal national or international courts have been involved and whether elements of impunity persist. They also indicate their expectations and timetable for the holding of the public hearings.

The Tribunal verifies the decision-making and operational autonomy of the requesting organisations with respect to external political and economic actors. It also assesses the reliability of the request and its compliance with the mandate and functions set out in its Statute. The Tribunal then formulates a response of acceptance or non-compliance and communicates it to the applicant organizations.

The Tribunal opens the preliminary investigation phase, during which it conducts independent investigations into the issues on which it is called upon to give a judgment or advisory opinion. It informs the accused parties of the request received and invites them to present their defense.

The requesting organisations are responsible for drafting an indictment, which is sent to the Secretary General at least three months before the public hearing. The Secretary General is responsible for convening the representatives of the panel of judges who are required to appear at the public session, the timing and procedures of which are determined in agreement with the requesting entities. For the purposes of the public session, the requesting organisations document the cases and select witnesses according to a program discussed with the Secretary General of the PPT. Once the session has been held, and after examining the documentation collected, the oral testimony, and the arguments presented by the defense, the panel of judges of the Tribunal presents its judgment or advisory opinion.

The session concludes with the transmission of the judgment and its presentation to the interested parties and to the national and international agencies competent in the matters considered by the Tribunal. The requesting organisations use the judgment as an instrument for validating legal and political paths of recognition of the claims submitted to the attention and examination of the Tribunal.