proceeding cannot be used to attempt to broaden the scope of a reparation measure
ordered in a timely manner. 6
11. The Inter-American Court will examine the matters raised by the State in the following
order: a) the request for interpretation regarding the scope of the payment of costs and
expenses of one of the representatives of the alleged victims, and b) the request for
interpretation of the measure of medical and psychological and/or psychiatric treatment.
A.
Request for interpretation regarding the scope of the payment of
costs and expenses of one of the representatives of the alleged
victims
A.1. Arguments of the parties and of the Commission
12. The State noted that paragraph 337 of the judgment orders the payment of costs
and expenses “for each of the two representatives of the alleged victims, namely, Mr.
Jemio Mendoza and Mr. Gómez Rojas.” In this regard, it indicated that footnote 4 of
paragraph 5 of the judgment named Hugo Efraín Jemio Mendoza and Fabiola Machicao
Hidalgo as representatives of the victims Patricia Catalina Gallardo Ardúz and María
Fernanda Peña Gallardo respectively. However, it pointed out that “footnote 5, specifies
that briefs subsequent to the brief with pleadings, motions and evidence […] were only
signed by Jemio Mendoza.” It also noted that “Fabiola Machicao Hidalgo’s representation
is mentioned in paragraphs 6 and 20 of the judgment, which generates a reasonable
doubt for the State as to the exclusion of said person as representative.” In view of the
foregoing, it sought to “clarify the scope of the payment of costs and expenses for the
representation of Patricia Catalina Gallardo Ardúz and of María Fernanda Peña Gallardo.”
13. The inter-American public defenders indicated that this aspect does not affect their
clients and therefore did not refer to this point.
14. The representative Jemio Mendoza stated that “a few days after the accreditation
notes were signed, for personal reasons [Mrs.] Fabiola Machicao Hidalgo was no longer able
to assume the representation.” He added that “throughout the processing of the entire case
before the Court […], the representation of the victims Patricia Catalina Gallardo Ardúz and
María Fernanda Peña Gallardo, was assumed solely by [him],” and that “Ms. Fabiola
Machicao at no time assumed the representation before the Court.”
15. The Commission noted that “payments to the representatives are not a matter
for interpretation of judgment, but rather a matter of monitoring compliance with the
decisions of the Court.”
A.2. Considerations of the Court
16. Regarding the payment of costs and expenses to the representatives ordered in the
judgment, this Court recalls that paragraph 337 of the judgment stated the following:
The Court reiterates that, in the case of alleged financial disbursements, the
representatives must clearly establish the items and their justification. In this case,
the representatives merely provided vouchers for some of the alleged victims.
6
Cf. Case of Escher et al. v. Brazil. Interpretation of the judgment of preliminary objections, merits,
reparations and costs. Judgment of November 20, 2009. Series C No. 208, para. 11, and Case of the National
Federation of Maritime and Port Workers (FEMAPOR) v. Peru. Interpretation of the judgment on preliminary
objections, merits, and reparations, supra, para. 11.
4