2
Therefore, the State asserted that the girls cannot be said to be Dominican. In
section (c) dealing with statelessness, the request stated that the girls were never
stateless, since they could have acquired Haitian nationality like their grandparents’.
Further, the request also said that "the State deems itself to have performed its duty
to extend the birth certificates [arising from] a friendly settlement[,] and considers
that, even though the applicants have possession of their certificates, they will have
to comply with the legal formalities [...] to acquire the birth certificates as prescribed
by law". In Section (d), dealing with the State’s liability, the State purports to “know
the content and scope of the liability arising from the acts of the officers who took
part in the case [...] in the understanding that the mitigation of or exemption from
[such officers’] liability will result in the reduction of or exemption from the State’s
liability”.
II
JURISDICTION OF THE COURT
4.
Under Article 67 of the American Convention, the Court has competent
jurisdiction to interpret its own judgments.
III
PROCEEDINGS BEFORE THE COURT
5.
On February 8, 2006, pursuant to Article 59(2) of the Rules of Procedure, and
following instructions from the President of the Court, the Secretariat of the Court
forwarded a copy of the request for interpretation to the Inter-American Commission
of Human Rights (hereinafter “the Commission”) and to the victim’s representatives
(hereinafter "the representatives"), inviting them to submit the written arguments
they deemed fit no later than April 10, 2006. In addition, the State was reminded
that, under Article 59(4) of the Rules of Procedure, “[the] request for interpretation
shall not suspend the effect of the judgment.”
6.
On April 7, 2006, the Commission requested a ten-day time extension from
the termination date, in order to submit the requisite written arguments. On that
same day, the Secretariat of the Court, following instructions from the Court’s
President, granted the extension requested by the Commission until April 19, 2006.
In addition, the representatives were informed that they had been granted the
extension to submit their arguments.
7.
On April 19, 2006, the Commission presented its arguments concerning the
request for interpretation, wherein it asserted that the State does not expect the
Court to interpret the meaning and scope of its judgment pursuant to Article 67 of
the Convention and Article 58 (sic) of the Rules of Procedure but, instead, it seeks a
review and a reconsideration of the final judgment not subject to appeal entered by
the Court, since it takes issue with the content thereof. As the State itself pointed
out, it relies on such remedy in the absence of a remedy for the review of judgments
issued by the Court. As a result, the Commission considered that the request for
interpretation filed by the State does not comply with the requisite formalities to be
properly deemed as a request for interpretation and that it should therefore be
dismissed.
8.
On April 19, 2006, the representatives asserted that the pleading filed by the
State does not constitute a request for interpretation under Article 67 of the
Convention and Article 59(1) of the Rules of Procedure, nor does it conform to the
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