9
already been stated, the compensation that was fixed for loss of earnings implies
that notion to a certain degree. That is why the Court decided, in the operative
paragraph of the judgment that refers to paragraph 53, to employ a method for
preserving the sums of money owed to the minor daughter of Saúl Godínez Cruz,
namely the establishment of a trust fund with the Central Bank of Honduras under
the most favorable conditions permitted by Honduran banking practice.
31. The Court interprets the expression under the most favorable conditions as
referring to the fact that any act or measure by the trustee must ensure that the
amount assigned maintains its purchasing power and generates sufficient earnings or
dividends to increase it; the phrase permitted by Honduran banking practice
indicates that the trustee must faithfully perform his task as would a good head of
family and that he has the power and the obligation to select diverse types of
investment, whether through deposits in strong currencies, such as the United
States dollar or others, the purchase of mortgage bonds, real estate, guaranteed
securities or any other investment recommended by Honduran banking practice,
precisely as ordered by the Court.
32. The Court at a given moment shared the concern expressed by the Commission
in its briefs and at the hearing, insofar as it wished to ensure that the amount
payable to Saúl Godínez Cruz´ minor daughter would maintain its purchasing power
until she reached the age of twenty-five and even beyond that. It was for this reason
that the Court decided to place that sum in a trust fund, an institution that, unlike
regular bank accounts, is designed to maintain and increase the real value of its
assets.
33. The judgment orders that the compensation be paid either in one single payment
or in six consecutive monthly installments. The Commission requests that the
Government be obliged to periodically disburse additional sums in order to maintain
constant the value of the original assets, for as long as the trust remains in effect. It
is evident that this request, as presented, would impose on the Government an
obligation that is not provided for in the judgment. Consequently, since the
Commission's request thus exceeds the scope of a mere interpretation, the Court
must reject it.
V
34. In its brief, received by the Court on July 6, 1990, the Commission expanded its
request for interpretation of the judgment. The Commission emphasized that,
despite the fact that eight months had elapsed since the damages became due and
payable, the Government had still not complied with the judgment. It went on to
request that, in order to compensate for the consequences of this delay, the Court
order the payment of: a) interest for such delay and b) the adjustment of the
purchasing power of the unit of currency in order to bring its current value on a par
with what it was worth at the time that the payment should have been made.
35. With regard to this brief, the Court must determine, in the first place, whether it
is empowered to admit the request as presented.
36. The Court notes that, according to Article 67 of the Convention, it is empowered
to interpret its judgments whenever there is disagreement as to the meaning or
scope thereof. In the Commission's brief now under consideration no mention is
made of any aspects of the judgment of the Court whose meaning or scope are in