for the same the arguments presented by the parties that refer to matters of law and
their characteristics, whose nature and scope can be clearly concluded from the
requests made by those who ask for the interpretation,” without the need for
clarifications or complementary precisions. In this regard, “the Court goes by the
nature and scope of the request for interpretation pursuant to the Inter-American
ordinance, which does not imply a new presentation of facts or juridical consideration
regarding these, additional to those presented by the parties in the case on merits and
analyzed by the Tribunal for the purposes of the corresponding Judgment.”
11.
On November 22, 2007 the State sent a note in which it made reference to the
Secretariat’s letter of November 5, 2007 and it stated that “understanding […] that the
Court would be in the condition to know of and decide on the requests for
interpretation presented,” it reiterated that expressed in its previous briefs.
12.
On February 29, 2008 the State sent “additional information” regarding its
request for interpretation of the Judgment. In said brief the State informed and sent a
copy of a newspaper of February 25, 2008, which refers to the arrest and processing of
a person that appears in Appendix 2 of the Judgment of November 25, 2006 and
reproduces “what were the statements offered” by said person before a public
prosecutor with regard to its alleged relationship with Sendero Luminoso. Similarly, the
State enclosed a letter of the author of the monument “The Eye that Cries”, who stated
that she hoped that the act of engraving the names of the victims of the case of La
Cantuta in said monument “is not considered a precedent so that the same could
happen with the victims of the Castro Castro [P]rison. To be more precise, not with
those persons who have a proven criminal record of crimes against humanity […].”
13.
On April 3, 2008 the common intervener presented observations to the State’s
brief of February 29, 2008. She stated that “it is clear” that Peru “has the right [to]
criminally investigate any person the State considers has committed a crime, pursuant
to the law;” however, the case of the person referred to by the State does not allow it
to “generalize an alleged criminal behavior and extend a criminal behavior to other
people benefited in the judgment […].” She mentioned that the State is making a
generalization that violates elemental considerations of the due process of law and
ignores that the people she represents “have made clear, throughout the litigation of
the case […] their rejection of Sendero Luminoso” and that the same “have confronted
any position that has tried to distort the sense of the case […].” She stated that the
incident of the arrest informed by Peru “is an excuse to try to justify non-compliance of
the judgment by the Peruvian State with regard to victims that have no relationship
whatsoever with [S]endero [L]uminoso.”
Likewise, she informed over several
procedures carried out before the State for compliance of the Judgment, all of which
had been unsuccessful. Regarding that informed on “The Eye that Cries”, among other
considerations, the common intervener indicated that it was “precisely the Peruvian
State who proposed to the […] Court that it include in [‘The Eye that Cries’] the names
of the inmates murdered in the Castro Castro [Prison] […],” and she recalled that both
she and those she represents had requested “that a green area with trees be built as a
symbolic measure of satisfaction.” Among the considerations made when choosing a
park with trees “was precisely not giving way to political uses foreign to [their] position
to the measure of a symbolic nature;” a green park did not try to legitimize anything
different to “a message of life.”
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