8
respective amounts of indemnification, for him to receive them within a reasonable time,
if they were in order.
29.
Furthermore, in operative points 4 and 6 of the judgment on reparations, the
Court decided
4.
to order the Peruvian State to pay Gustavo Adolfo Cesti Hurtado, as
compensation for the costs and expenses incurred under domestic jurisdiction and under
inter-American jurisdiction, the amount of US$ 20,000 (twenty thousand dollars of the
United States of America) or its equivalent in Peruvian currency, an amount which
includes professional fees.
[…]
6.
to order the State of Peru to make the payments mentioned in operative points
2, 3, and 4 within six months from the notice of this judgment.
30.
Article 63(1) of the American Convention prescribes:
If the Court finds that there has been a violation of a right or freedom protected by this
Convention, the Court shall rule that the injured party be ensured the enjoyment of his
right or freedom that was violated. It shall also rule, if appropriate, that the
consequences of the measure or situation that constituted the breach of such right or
freedom be remedied and that fair compensation be paid to the injured party.
31.
The Court has previously stated that
[the] request for interpretation of a judgment should not be used as a means to appeal
but rather it should have as its only purpose to clarify the meaning of a ruling when one
of the parties maintains that the text in its operative parts or in its considerations lacks
clarity or precision, provided that such considerations have a bearing on that operative
parts and, therefore, modification or annulment of the respective judgment cannot be
petitioned through a request for interpretation5.
32.
As can be seen, the judgment on reparations includes precise specifications
regarding various aspects of the reparations to be paid by the Peruvian State:
a)
As regards material damages (supra 10(1), 10(3) and 10(6)), since it
delivered its first judgment on reparations the Court has recognized that violations
of protected rights create for the victim a right to reparation of the consequences
caused by the breach, including payment of indemnification as compensation for
material and moral damages. Thus, to restore insofar as possible the situation that
existed before the violations, the judgment on reparations has decided in the instant
case that the State must provide the necessary conditions for the person concerned
to take steps conducive to obtaining the respective indemnifications for violations
declared in the decision on the merits within a reasonable time (supra 28, Operative
point 1);
5
Cfr. Ivcher Bronstein Case. Interpretation of the Judgment on the Merits. (Art. 67 American
Convention on Human Rights), supra 4, para. 19; Suárez Rosero Case. Interpretation of the Judgment on
Reparations. (Art. 67 American Convention on Human Rights). Judgment of May 29, 1999. C Series No.
51, para. 20 and Loayza Tamayo Case. Request for Interpretation of the Judgment of September 17,
1997. Order of the Court on March 8, 1998. C Series No. 47, para. 16.