4
same composition as when it handed down the judgment in question. On this
occasion, the Court is composed of the same judges who adopted the judgment the
interpretation of which has been requested by the State.
III
ADMISSIBILITY
8.
The Court must verify whether the request for interpretation meets the
requirements established in the applicable norms, namely Article 67 of the
Convention, cited above, and Article 68 of the Rules of Procedure, the relevant part
of which states:
1.
The request for interpretation referred to in Article 67 of the Convention may be
made in connection with judgments on preliminary objections, on the merits, or on
reparations and costs, and shall be filed with the Secretariat. It shall state with precision
questions relating to the meaning or scope of the judgment of which interpretation is
requested.
[…]
4.
A request for interpretation shall not suspend the effect of the judgment.
5.
The Court shall determine the procedure to be followed and shall render its
decision in the form of a judgment.
9.
In addition, Article 31(3) of the Rules of Procedure establishes that
“judgments and orders of the Court may not be contested in any way.”
10.
The Court observes that the State presented its request for interpretation of
the judgment within the 90-day period established in Article 67 of the Convention,
because the request was submitted on December 29, 2010, and the parties were
notified of the judgment on October 1, 2010.
11.
As this Court has ruled previously and in its consistent case law, clearly
supported by the applicable norms, a request for interpretation of judgment must
not be used as a means of challenging the judgment whose interpretation is
requested. The exclusive purpose of the request is to clarify the meaning of a ruling
when one of the parties argues that the text of its operative paragraphs or of its
considerations lacks clarity or precision, provided that those considerations have a
bearing on those operative paragraphs.5 Therefore, the modification or annulment of
the judgment in question cannot be sought through a request for interpretation.6
12.
Furthermore, the Court has established that a request for interpretation of
judgment cannot address factual and legal issues that were already raised at the
proper procedural moment and on which the Court has made a ruling.7
5
Cf. Case of Loayza Tamayo v. Peru. Interpretation of judgment on the merits. Order of the InterAmerican Court of Human Rights of March 8, 1998. Series C No. 47, para. 16; Case of Escher et al v.
Brazil. Interpretation of the judgment on the preliminary objections, merits, reparations and costs.
Judgment of the Inter-American Court of Human Rights of November 20, 2009. Series C No. 200, para.
11; and Case of Acevedo Buendía et al. (“Discharged and Retired Employees of the Office of the
Comptroller”) v. Peru. Interpretation of the judgment on preliminary objections, merits, reparations and
costs. Judgment of the Inter-American Court of Human Rights of November 24, 2009. Series C No. 198,
para. 11.
6
Cf. Case of Loayza Tamayo v. Peru. Interpretation of the judgment on merits, supra note 5, para.
16; Case of Valle Jaramillo et al. v. Colombia. Interpretation of the judgment on merits, reparations and
costs. Judgment of the Inter-American Court of Human Rights of July 7, 2009, para. 8, and Case of Escher
et al. v. Brazil, supra note 5, para. 11.