the diffusion of the judgment, payment of compensations to several people, and the
engraving of names on the monument known as “The eye that cries”.
29.
During the international trial the State admitted facts it was charged with and
accepted the international responsibility attributed to it. Now the matter is that said
acknowledgment must transcend to the domestic realm, as is characteristic of the
international human rights protection system. The Court has not specified who must
make the acknowledgment, nor has it gone into details in what specific media,
programs, and hours the parts of the judgment must be broadcasted. The general and
special statements regarding these matters must be associated with the obtainment of
the objective sought with these measures, linked to the current and future protection
of human rights. There is, therefore, a connection of those with the purpose they seek
to serve and with the reasonable manner in which it may be reached.
30.
As much can be said about the engraving of the names on a plaza or monument
created for that purpose. When the Commission and the common intervener requested
a measure of this nature, the State mentioned that “a monument (called the Eye that
Cries) has already been erected in a public place of the capital in favor of all the
victims of the conflict;” it is “a public place in the capital of the Republic that is the
object of continuous acts of commemoration.” The Court took note of the express
suggestion. Then clarifications were presented regarding the availability of that place.
Considering these circumstances, the judgment of interpretation mentions the
possibility that the names be included in a monument or in the name of a plaza within
the territorial circumscription where “The Eye that Cries” is located. This reference
refers to the site of the engraving of the names, not the measure itself.
31.
In what refers to the manner in which payment of compensations must be
made, the Court has followed the criterion adopted in its constant jurisprudence when
amounts of money must be delivered to adults. It cannot express what it anticipates
will happen, which would be speculations or conjectures, regarding the destination the
individual beneficiaries of the compensation may give the amounts received. Of course
these resources, as any others, must have a legal destination. The Inter-American
Court lacks the authority and the instruments to supervise this destination and prevent
the application of goods to illegal objectives. The supervising duties regarding the
legitimacy of economic movements, in general, are within the realm of the State’s
powers and possibilities, pursuant to its constitutional authorities and observing the
corresponding guarantees.
32.
With regard to the existence of debts of the beneficiaries of the compensations
with regard to third parties, whether they are people of public or private law, the
decision of the Court does not exclude nor could it exclude the possibility, subject to
domestic law, that creditors exercise the actions acknowledged to them by law, in the
terms of the due process of law. The judgment does not deprive them of this right.
What the Court seeks to avoid, as can be concluded from its jurisprudence –and of the
specific ruling in the present case--, is the evasion of compliance of a compensatory
decision through tax burdens that deprive the beneficiary of the compensation to which
he is entitled.
33.
I conclude my opinion with a comment on the request for a public hearing in
these proceedings, which the majority of the members of the Court –among them
myself—did not endorse. In this sense, it is necessary to take into account the grounds
that justify the celebration of a public hearing for the effects of the interpretation of a
judgment, not only in what refers to the present case, but in general terms, as a
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