essential requirement […] for any person to be able to receive compensation.” Regarding the
representatives’ doubt about the application of the criterion concerning “the date of death” of the
disappeared victims, the State indicated that it “can only take into account the decision of the
judge who declares the presumed death of each person.” In addition, regarding subparagraphs
(d) and (e) of paragraph 364 of the Judgment, it argued that “regarding the inheritance
proceedings,” “the State will be governed by the principles established in domestic law,
regardless of the time and expense that undertaking an inheritance proceeding entails for the
beneficiaries.” Furthermore, the State “opposed […] taking into consideration” “the disappeared
victims’ family members who were not identified during the litigation of the case before the
Commission and the Court.” Nevertheless, it indicated that “the […] persons who may receive
the amounts established by the Court […] are the persons identified in the [J]udgment, or their
heirs duly accredited under domestic law.” Regarding the compensation for non-pecuniary
damage, the State argued that it understood that the Court had “indicated that a domestic
inheritance proceeding must be undertaken” and, in this regard, it “affirmed that it is not
possible to make the payment to the heirs until they have been declared as such through the
legal proceedings established by law,” which this “is a legal obligation and cannot be substituted,
even if the […] Court indicates that they can be dispensed from complying with this
requirement.”
30. The Commission indicated that “subparagraph (b) of paragraph 364 of the Judgment refers
to the death of the victim; therefore, it would be consistent with the rest of the Judgment to
change the wording of this paragraph to the start of the execution of the forced disappearance.
Regarding subparagraphs (d) and (e), the Commission consider[ed] it useful and relevant to
clarify the specific aspects mentioned by the representatives in order to facilitate prompt
compliance with the reparations ordered.” As regards the compensation for non-pecuniary
damage, the Commission indicated that, according to paragraph 375 of the Judgment, the
criteria for the payment of the non-pecuniary damage are the same as those established in
paragraph 364 in relation to the pecuniary damage. However, “the Court must assess whether
paragraph 385 affects the said criteria and, if so, clarify this aspect.”
Considerations of the Court
31.
The Court reiterates that a request for interpretation should seek to clarify or render more
precise the operative paragraphs of the judgment or the considerations that have an impact on
the operative paragraphs of the judgment, rather than constituting a means of contesting the
decision the interpretation of which is required (supra para. 10). In addition, the Court recalls
that it is not possible to request the modification or annulment of the respective judgment by
means of a request for interpretation. 12 Likewise, a request of this type cannot be used to
expand the scope of a measure of reparation opportunely ordered. 13
32.
The Court observes that the representatives raised several questions concerning the
application of paragraph 364 of the Judgment regarding the payment of the compensation for
loss of earnings and for non-pecuniary damage established in the Judgment, as well as how it
should be understood in combination with paragraph 385 of the Judgment. The Court reiterates
that it will deal with the questions concerning these two types of compensation (loss of earnings
and non-pecuniary damage) together, because it considers that the representatives’ concerns in
relation to the criteria established in the Judgment for complying with the two types of
compensation are similar and related (supra para. 19).
12
Cf. Case of Loayza Tamayo v. Peru. Interpretation of the judgment on reparations and costs, para. 16, and
Case of Salvador Chiriboga v. Ecuador, supra, para. 11.
13
Cf. Case of Escher et al. v. Brazil. Interpretation of the judgment on preliminary objections, merits, reparations
and costs. Judgment of November 20, 2009. Series C No. 208, para. 11.
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