7
The argument of El Salvador that the compensation is not in accordance with
the damages caused, constitutes a direct challenge to the contents and scope of
the Judgment, contrary to the conventional meaning of the Judgment
interpretation figure.
The State is not expressing a doubt but rather a
disagreement with respect to the amounts fixed and seeks their amendment
through a “hidden appeal”.
19.
Arguments of the representatives
a)
They request to the Court to “dismiss the request for interpretation filed
by the State[,] on the grounds that it seeks to repeal, in an inappropriate and
hidden fashion, the Judgment entered by the Court; and
b)
in addition, the State “submitted its arguments in an attempt to be
released from its responsibility with regards to the violation of the rights
established in articles 8(1) and 25 of the American Convention”. The State had
the opportunity to prove that it had not incurred on international responsibility.
Notwithstanding, the Court reached a conclusion contrary to that expressed by
the State. The Tribunal’s reasoning regarding the domestic judicial investigation
is “quite clear and broad”.
Remarks of the Court
20.
The Court verified that the third aspect referred to in the request for
interpretation, regarding the “reasons that led the [] Honorable Court to establish the
amounts the State must pay as compensation”, does not seek that the Court interprets
the meaning or scope of the Judgment, but rather that the State consider that the
aforementioned amounts “are not in accordance with the alleged damages caused”, as
previously expressed, and that therefore it is using the request for interpretation as a
way to challenge the Judgment and claim that the Court amend the amounts
established as compensation for damages caused as a consequence of the violations
stated in the Judgment.
21.
In addition, the State is submitting arguments on the proceedings carried out at
the First Instance Court of Chalatenango related to the investigation of the
whereabouts of Ernestina and Erlinda Serrano Cruz, that are connected to the violation
of articles 8(1) and 25 of the Convention (supra para. 17(b)) declared by the Court.
With this, the State is submitting factual and legal issues to the consideration of the
Court that had been previously decided upon by the Tribunal in relation to the
Judgment on the merits, reparations and costs (supra para. 1).
22.
Regarding this, paragraphs from 133 to 137, 142 to 145, 152 and 156 to 160,
of the Judgment, clearly establish the grounds on which the Court entered the
Judgment on the merits, reparations and costs for pecuniary and non pecuniary
damages caused as a result of the violation to articles 8(1), 25 and 5 of the
Convention, in relation to article 1(1) of the same instrument, and on which it fixed the
corresponding equal amounts. In addition, paragraphs 54 to 107 and 112 to 115 of the
previously mentioned judgment also duly reason the violations to the norms of the
Convention as declared by the Court.
23.
Due to the foregoing considerations, the Court decides to dismiss the request
for interpretation regarding the third aspect put forward, “the reasons that led the []