2
whenever possible, of the same judges who delivered the judgment of which
interpretation is being sought (Article 58(3) of the Rules of Procedure). In
this instance, the Court is composed of the same judges who delivered the
judgment on the merits, whose interpretation the Commission has
requested.
II
INTRODUCTION OF THE REQUEST FOR
INTERPRETATION
2.
On June 20, 2001, the Commission presented a request for
interpretation of the judgment on the merits, pursuant to Article 67 of the
American Convention and Article 58 of the Rules of Procedure.
III
PROCEDURE WITH THE COURT
3.
By note of June 21, 2001, the Secretariat of the Court forwarded a
copy of the request for interpretation to the State of Peru (hereinafter “the
State” or “Peru”) and, pursuant to Article 58 of the Rules of Procedure,
invited it to present any written comments it deemed pertinent by July 23,
2001, at the latest.
4.
On July 16, 2001, the State requested an extension for presenting its
observations on the request for an interpretation of judgment.
On
instructions from the President of the Court (hereinafter “the President”), the
extension was granted via a note from the Secretariat, dated August 13,
2001.
5.
On August 17, 2001, Peru requested “a special extension, until Friday,
[August] 24 of this [year] to present [its] comments […] on the request for
an interpretation of the judgment on the merits in the Barrios Altos Case,”
based on “the recent cabinet changes ushered in with the new
Administration.” On the President’s instructions, the Secretariat informed the
State that in view of the exceptional circumstance cited by Peru, its deadline
for submitting its comments on the request for an interpretation of the
judgment was extended until August 22, 2001.
6.
Although it had requested and received two extensions, Peru finally
presented its written comments on the request for an interpretation of the
judgment on August 29, 2001, which was after the extended deadline. The
Court considers that the time elapsed cannot be regarded as reasonable
according to the criterion it uses in its case-law1; and in the interests of the
1
Cf. Baena Ricardo et al. Case. Judgment of February 2, 2001. Series C No. 72, para. 50; “The
Last Temptation of Christ” Case (Olmedo Bustos et al. vs. Chile).
Order of November 9, 1999,
Consideranda 4; Paniagua Morales et al .Case. Judgment of March 8, 1998. Series C No. 37, paragraphs
152-156; Suárez Rosero Case. Judgment of November 12, 1997. Series C No. 35, paragraphs 70-75;
Genie Lacayo Case. Judgment of January 29, 1997. Series C No. 30, paragraphs 77-81; Castillo Páez
Case, Preliminary Objections.
Judgment of January 30, 1996. Series C No. 24, para. 34; Paniagua