4
addition, the State must finance the radio airing of [the] Judgment, pursuant to
paragraph 227 thereof.
13.
the State must make payments to compensate for pecuniary damages, costs
and expenses within one year from notification of the […] judgment, pursuant to
paragraphs 195 and 232 of [the] Judgment.
14.
the Court will monitor compliance with [the] Judgment and it will conclude this
case once the State has fully complied with the provisions therein. Within one year from
notification of [the] Judgment, the State must render a report account to the Court
concerning the measures adopted to fulfill the Judgment, pursuant to paragraph 241
thereof.
2.
The Judgment on the merits was notified to the parties on July 14, 2005.
II
JURISDICTION AND COMPOSITION OF THE COURT
3.
Article 67 of the Convention, states that:
[t]he judgment of the Court shall be final and not subject to appeal. In case of
disagreement as to the meaning or scope of the judgment, the Court shall interpret it at
the request of any of the parties, provided the request is made within ninety days from
the date of notification of the judgment.
4.
Pursuant to the above-mentioned article, the Court has jurisdiction to
interpret its judgments and, when considering the request for interpretation, it must,
whenever possible, be composed of the same judges who delivered the judgment of
which the interpretation is being sought (see Article 59(3) of the Rules of Procedure).
In this case, the Court is composed of the same judges who delivered the Judgment
on the merits of which the representatives have requested an interpretation2.
III
INTRODUCTION OF THE REQUEST FOR INTERPRETATION AND ITS PURPOSE
5.
On October 14, 2005, the representatives submitted a request for
interpretation of the Judgment on the merits, in accordance with Article 67 of the
Convention and Article 59 of the Rules of Procedure.
6.
The representatives’ request for interpretation made reference to two
aspects: (a) the provisions in the sixth operative paragraph of the Judgment on the
merits, which, according to them, “orders the State to return the territory historically
owned by the members of the [C]ommunity, whilst at the same time it seems to
direct that the area in issue has to be ‘identified’; and (b) the manner in which the
State should fulfill its obligation under the eighth operative paragraph of the
Judgment on the merits, to establish a fund for the sole purpose of acquiring the
territories to be conveyed to the members of the Yakye Axa Community, “since the
2
Even though ad hoc Judge Ramón Fogel-Pedroso did not participate in the discussions leading to
this Judgment at the Court’s headquarters in San José, Costa Rica, he had been consulted prior to
deliberation and voting, and agreed with the contents of this interpretation judgment.