13
therefore, does not constitute prejudgment with regard to the alleged perpetrators of
the violations described in that paragraph.”
36.
The contested paragraph is sufficiently clear. The Court notes that the
purpose of the question posed by the State in its request for interpretation is not to
clarify or define more accurately the content of any operative paragraph of the
judgment, nor to determine the meaning of the judgment due to a lack of sufficient
clarity or precision in its operative paragraphs or in its considerations. The
interpretation of this fragment that Mexico is requesting does not derive from the
literal meaning of what was indicated in that paragraph or in any other part of the
judgment, and cannot be sustained logically. The fragment questioned by the State
makes clear that a rape committed by military personnel bears no relationship to the
military mission or discipline and, consequently, its investigation is excluded from the
competence of military courts.
VI
OPERATIVE PARAGRAPHS
37.
Therefore,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS
pursuant to Article 67 of the American Convention on Human Rights and Articles
31(3) and 68 of its Rules of Procedure,
DECIDES:
Unanimously,
1.
To reject the request for interpretation of the judgment on preliminary
objection, merits, reparations, and costs delivered on August 30, 2010, in the terms
of paragraphs 25 to 36 of this judgment.
2.
To order the Secretariat of the Court to notify this judgment to the United
Mexican States, the representatives of the victims, and the Inter-American
Commission on Human Rights.
Done at Panama City, Panama, on May 15, 2011, in the Spanish and English
languages, the Spanish text being authentic.
Diego García-Sayán
President