the progress in the compliance of judgments.
36.
In synthesis, the holding of hearings characterizes the Court’s performance,
even though it is not the only means used for compliance of its tasks. The option
among the different procedural forms –in what refers to the written or oral
substantiation—derives from the stipulations of the rules of procedures, of the
general need to deal with and the conditions of each matter subject to examination.
A double and ineludible rule is observed: need and appropriateness. On the
contrary, it would be incurring in one of the two undesirable extremes: suppression
or decrease of the hearings, on one hand, or an unnecessary multiplication of the
same, on the other. It is important to mention that the majority –almost the
totality—of the stages in which the Court hears of the merits of the controversy and
of the possible reparations include the holding of hearings. The same does not
occur with the stage for the interpretation of the judgment. Less than five hearings
have been held in the last eighteen years, period during which the tribunal
considered more than twenty-five requests. It was not necessary to hold them
because the court had the necessary elements –as in the present case- to rule on
the interpretation of the corresponding judgments.
38.
The public hearing gives the parties the possibility to offer the tribunal
elements that will help them form an opinion for the effects of the decision it will
adopt, when necessary. The idea is to make access to justice easier, allowing a
public exposure of the damages caused and of the evidentiary and argumentative
response of the counterparty. Of course, there is a great difference between an
academic deliberation, which is a debate among all the participants, and a legal
hearing, in which the debate occurs only between the parties, who hold a dialogue
in order to convince the tribunal. In this hypothesis, the tribunal deliberately places
itself outside of the debate and it conserves, with regard to the merits and the form
–both important--, the attitude of impartiality that characterizes its performance
and concurs to establish its consideration and respectability, without becoming a
main character in the controversy. It would be completely inadequate for the
tribunal or its members to debate with the parties at a hearing.
39.
In this case there was a public hearing at an extraordinary session held in
the city of Guatemala. There the Court heard what the parties wished to contribute
and argue before the full Court. The contentious matter was presented with
freedom and sufficiency in the conditions of maximum publicity and visibility that
normally characterize extraordinary sessions. It is possible for differences to arise
between the parties regarding how to express their corresponding positions, and
even regarding the procedures that must be carried out by the Court, but none of
the arguments avoided, differed, or altered the celebration of the hearing, carried
out with absolute normality.
40.
Having issued and notified the judgment, the parties had the possibility to
request the interpretation of the same, pursuant to the rules applicable to this
matter, this is, ask the tribunal –as I have stated supra—to clarify dark or
ambiguous terms, throw light on phrases or words, or precise concepts, but not to
modify the judgment itself.
41.
Having made the request for interpretation, the Court went on to examine
the arguments and respond to the questions received. For this it considered the
need and convenience of summoning a hearing, taking into account the
characteristics of this procedural diligence, whose object is not to open a forum to
reiterate positions widely expressed in previous diligences of the same nature;
present new elements to solve matters of merits or reparation already decided on;
listen to questions and offer responses, eventually very polemic, already given or
unnecessary for the purposes of the trial; or establish the position of the tribunal or