21.
Paragraph 206 of the judgment specifically holds that the State should adopt
“legislative or other measures to adapt its domestic legal system to the provisions of the
American Convention, in accordance with the ruling in this judgment in relation to the
reinstatement of the non-ratified judges to the Judiciary or the Public Prosecution Service
and to the possibility of appealing decisions determining the non-ratification of a judge”.
22.
Therefore, the Court hereby clarifies paragraph 206 of the judgment, which
establishes that the State must adopt legislative or other measures that provide for: (i) the
reinstatement of non-ratified judges to the Judiciary or the Public Prosecution Service, and
(ii) the possibility of appealing decisions not to ratify a judge, such that its domestic legal
system will be compatible with the provisions of the American Convention.
V
OPERATIVE PARAGRAPHS
23.
Therefore,
THE COURT
pursuant to Article 67 of the American Convention on Human Rights and articles 31(3) and
68 of the Court’s Rules of Procedure,
DECIDES:
Unanimously:
1.
To declare admissible, pursuant to paragraph 7 of this judgment of interpretation, the
request for interpretation of the judgment on preliminary objections, merits, reparations and
costs in the Case of Cuya Lavy et al v. Peru submitted by the State.
2.
To clarify, by interpretation, paragraph 206 of the judgment on preliminary objections,
merits, reparations and costs in the Case of Cuya Lavy et al v. Peru, pursuant to paragraphs
21 through 23 of this judgment of interpretation.
3.
To require the Registrar of the Court to notify this judgment on interpretation to the
Republic of Peru, the representatives of the victims and the Inter-American Commission on
Human Rights.
7