5
term within which to accomplish this is shorter than that given to identify, delimit,
demarcate, title, and transfer for no consideration the lands[,] the price of which
must be previously assessed.”
IV
PROCEEDINGS BEFORE THE COURT
7.
On October 19, 2005, pursuant to Article 59(2) of the Rules of Procedure, and
following instructions from the President of the Court, the Secretariat of the Court
forwarded a copy of the request for interpretation to the Inter-American Commission
of Human Rights (hereinafter “the Commission” or “the Inter-American Commission”)
and to the Government of Paraguay (hereinafter “the State” or “Paraguay”), inviting
them to submit the written arguments they deemed appropriate no later than
November 21, 2005. In addition, the State was reminded that, under Article 59(4) of
the Rules of Procedure, “[the] request for interpretation shall not suspend the effect
of the judgment.”
8.
On November 18, 2005, the State submitted its written arguments on the
request for interpretation, stating, inter alia, that “it is not appropriate to alter the
clear and express language of the [Judgment on the merits] through a request [...]
that merely seeks an interpretation.”
9.
On November 22, 2005, the Inter-American Commission submitted its written
arguments on the request for interpretation, arguing, inter alia, that the first issue
addressed by the representatives “constitutes, strictly speaking, a claim for
enforcement,” whereas the second issue “addresses a valid doubt about how two
parts of the judgment are supposed to be interpreted together with respect to its
enforceability in the future.”
V
ADMISSIBILITY
10.
The Court must now verify whether the terms of the request for interpretation
comply with the applicable rules.
11.
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.
12.
The relevant provisions of Article 59 of the Rules of Procedure establish as
follows:
1.
The request for interpretation, referred to in Article 67 of the Convention, may
be made in connection with judgments on the merits or on reparations and shall be filed
with the Secretariat. It shall state with precision the issues relating to the meaning or
scope of the judgment of which the interpretation is requested.
[…]
4.
A request for interpretation shall not suspend the effect of the judgment.
5.
The Court shall determine the procedure to be followed and shall render its
decision in the form of a judgment.