amount with respect to a specific victim among his heirs; and b) the request for
interpretation of paragraph 278 of the judgment, regarding the possibility of updating,
for the purpose of deducting from the amounts of compensation established in the
judgment, the amounts of money paid to the victims prior to the issuance of the
judgment as reparations.
A. Request for interpretation of the reason for the distribution of the
amount of compensation corresponding to a victim among his heirs
A.1. Consultation of the State and comments from the Commission
12. The State inquired as to the reason for the inclusion of the name of Washington
Javier Barrios Fernández in paragraph 279 of the Judgment, since "the amount that
corresponds to him is as a relative of his wife, and not as a victim of forced
disappearance, as in the case for [Mr.] González González and Mr. Tassino Asteazú." The
State limited itself to the inquiry indicated, without elaborating on the grounds for its
request.
13. The Commission stated that “there are no doubts as to the mention of Washington
Javier Barrios Hernández in the Court's judgment on the merits, so this point does not
appear to be open to interpretation.”
A.2. Considerations of the Court
14.
The Court notes that, as recognized by the State, because he is the husband of
Silvia Reyes, who was a victim of extrajudicial execution, Washington Javier Barrios
Fernández was himself considered by the judgment to be a victim of human rights
violations and, therefore, a beneficiary of measures of reparation. 7 Paragraph 277 of the
judgment sets a sum of money as compensation for the non-pecuniary damage suffered
by Mr. Barrios Fernandez due to the extrajudicial execution of his wife. The Court took
cognizance of information—which is not in dispute—indicating that Mr. Barrios Fernandez
is missing. While this matter of fact was noted in the judgment, its possible legal
implications were not examined by the Court, since it was not one of the facts submitted
to it. 8 Taking into account this matter of fact, in paragraph 279 of its judgment, the Court
established, in order to enable effective compliance with its decision, that the
compensation amount corresponding to Mr. Barrios Fernández would be distributed
among his heirs "pursuant to the applicable domestic law."
15.
The judgment, then, is clear that the reasons why Washington Javier Barrios
Fernández is included in paragraph 277 are not related to his possible status as a victim
of forced disappearance, an issue that was not examined by the Court.
16.
Therefore, the request for interpretation is inadmissible on this point.
B. Request for interpretation regarding the possibility of updating, for the
purpose of deducting from the amounts of compensation established in
7
This is established in operative paragraphs 3, 4, and 13 of the judgment, as well as paragraphs 150,
182, 190, 195 and 277 thereof.
8
Thus, in footnote 41 of the judgment, which corresponds to paragraph 51, in chapter VI entitled “Facts,"
in the section headed “Regarding the alleged victims", it is stated: "The representative pointed out that
Washington Javier Barrios Fernández is disappeared. The facts surrounding his disappearance were not submitted
to the Court.”
4