regarding those statements made by the State and the common intervener in said
briefs, as well as those of the representatives in their brief of July 30, 2008, that refer
to matters related to the supervision of compliance of the Judgment on merits,
reparations, and costs, in what is relevant, will be considered by the Tribunal
throughout the course of said proceedings, even when the Court may take note of the
new information recently presented by the State regarding the reparation measure
related to the monument “The Eye that Cries”, as well as of the observation of the
common intervener, and it will make the considerations and rule as considered
pertinent in the present Judgment (infra para. 57).
II
JURISDICTION AND COMPOSITION OF THE COURT
20.
Article 67 of the Convention states that:
[t]he judgment of the Court shall be final and not subject to appeal. In case of disagreement
as to the meaning or scope of the judgment, the Court shall interpret it at the request of any
of the parties, provided the request is made within ninety days from the date of notification
of the judgment
21.
Pursuant to the above-cited provision, the Court has jurisdiction to interpret its
judgments. To carry out the exam of the request for interpretation and to decide what
corresponds in this matter the Tribunal must, whenever possible, be composed of the
same judges who delivered the corresponding judgment (Article 59(3) of the Rules of
Procedure). On this occasion, the Court is composed of the judges who delivered the
Judgment on merits, reparations, and costs, whose interpretation has been requested
by the State and the representatives, with the previously mentioned modification
(supra paras. 14 and 15).4
III
ADMISSIBILITY
22.
It corresponds to the Court to verify if the requests for interpretation comply
with the norms applicable to this specific procedural supposition. Besides abovementioned Article 67 of the Convention, Article 59 of the Rules of Procedure states, in
what is relevant, that:
The request for interpretation, referred to in Article 67 of the
Convention, may be made in connection with judgments on the merits or on
reparations and shall be filed with the Secretariat. It shall state with precision
1.
4
Judge Oliver Jackman, who due to reasons of force majeure had not participated in the deliberation
and signing of the Judgment on merits, reparations, and costs of November 25, 2006, passed away on
January 25, 2007.
6