7
sense that the investigations and the criminal prosecution must have the specific
sole and unequivocal result of punishing three soldiers.”
20.
Finally, sixth, the State affirmed that it is “concerned […] that the Court’s
decision entails a violation of the principle of the presumption of innocence
established in Article 8(2) of the Convention, […] given that paragraph 103 in
relation to paragraphs 115, 116, and 117 suggests that, based on the judgment, the
domestic public prosecution and judicial authorities must necessarily seek out and
punish three guilty parties.”
21.
The Inter-American Commission recalled that, for an international court, the
standards for appraising evidence are less formal than under domestic legal systems
and that in its proceedings, the Inter-American Court can find indications of the
participation of agents that entail the State’s responsibility. It considered that the
State had the opportunity to litigate the issues raised in its request for interpretation
at the appropriate procedural moment and that there was no basis for reopening the
discussion on matters that the Court had already decided. It added that the State’s
arguments contradict the basic principles of the international responsibility of States,
and are “contrary to what the Court established in its judgment and represent a
disregard for what the Court established as well as a threat to the binding nature of
the rulings of the Inter-American Court and its authority.” Finally, the Commission
noted that a fundamental aspect to be considered in this case in order to establish
the international responsibility of the State was whether members of the army
participated, without individualizing them or punishing their conduct. Based on the
foregoing, the Commission reiterated that the State’s request was unnecessary and
inadmissible and did not meet the legal requirements to be considered a request for
interpretation.
22.
The representatives affirmed that the State’s arguments reveal the State’s
disagreement with the Court’s decision and its wish that it be modified, even though
its meaning and scope are clear. First, the State seeks to question facts that have
been proven by the Court and, to this end repeats arguments that it had already
submitted “and ingeniously indicates an alleged undue interference by the Court in
the sphere of domestic criminal justice.” Regarding the latter, the representatives
indicated that, during the proceedings before the Court, the State argued the
absence of evidence that could confirm the participation of State agents in the rape
of the victim, and the Court expressly decided this matter in the judgment. The
representatives also affirmed that the State “questions the Court’s competence to
consider these facts proven” even when “it is evident […] that [the Court] attributes
the conduct that violated human rights to a specific public authority, which is what
enables the Court to attribute it to the State.” In this regard, if the Court “did not
have the power to establish the facts of the case, including that the authors of a
human rights violation belonged to a State entity, it could not perform its functions.”
The representatives highlighted that, as noted in the judgment, the evidence
produced during the proceedings was sufficient for the Court to find State
responsibility, and that the State did not provide any evidence in the proceedings
before the Court that would contradict that Mrs. Fernández Ortega was raped.
23.
The representatives added that the State’s allegation that the Court had
interfered in the sphere of the domestic criminal justice system should be dismissed,
because “establishing how the facts occurred does not imply attributing individual
criminal responsibilities.” The Court “did not make any assertions […] concerning
aspects such as the guilt of certain identified individuals, the punishment to be