14
than under domestic legal systems, as inter-American case law had
established.
Arguments of the representatives of the victims
36.
With regard to the request for interpretation presented by the State
concerning the assessment of the evidence and the proven facts, the representatives
of the victims indicated that:
a)
b)
Article 67 of the American Convention establishes that the judgment of
the Court shall be final and not subject to appeal and 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. Likewise, Article
29 of the Rules of Procedure establishes that the judgments and
orders of the Court may not be contested in any way;
In this respect, they did not refer to the arguments on the merits of
the case, given that “such arguments are not among the premises
established for the only recourse stipulated in the Convention[,]
relating to interpretation of judgment”;
c)
Concerning the interpretation of its decisions, as of its first judgments,
the Court has indicated that “the interpretation of a judgment implies
clarifying not only the text of the operative paragraphs of the
judgment, but also the determination of the scope, meaning and
purpose of the decision, in accordance with the considerations set
forth in the judgment” and,
d)
In the request for interpretation filed in this case, “there is no mention
of aspects of the judgment whose meaning or scope are in doubt or
controversial”; to the contrary, “a review of the judgment is requested
by examining the arguments on merits and the way in which the
evidence was assessed, facts that were duly considered and justified
by [the Inter-American Court]” in the judgment.
Considerations of the Court
37.
Article 43 of the Rules of Procedure of the Court stipulates:
1.
Items of evidence tendered by the parties shall be admissible only if previous
notification thereof is contained in the application and in the reply thereto and, when
appropriate, in the document setting out the preliminary objections and in the answer
thereto.
2.
Evidence tendered to the Commission shall form part of the file, provided that it
has been received in a procedure with the presence of both parties, unless the Court
considers it essential that such evidence should be repeated.
3.
Should any of the parties allege force majeure, serious impediment or the
emergence of supervening events as grounds for producing an item of evidence, the
Court may, in that particular instance, admit such evidence at a time other than those
indicated above, provided that the opposing parties are guaranteed the right of defense.
4.
In the case of the alleged victim, his next of kin or his duly accredited
representatives, the admission of evidence shall also be governed by the provisions of
Articles 23, 35(4) and 36(5) of the Rules of Procedure.
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