V
THE META-JURIDICAL ASPECT OF THE REQUEST FOR
INTERPRETATION OF THE JUDGMENT
12.
I have left the treatment of the State’s request regarding the fact that the Court
did not offer greater details in its consideration on the phenomenon of terrorism, which
it has done in other cases submitted to its decision by the Inter-American Commission
with regard to several States,4 to the possibility that an “obiter dictum” has been
issued in this sense within the text of the judgment, based on the Court’s working
conditions, which to solve cases of the magnitude of the present case and many others
has four sessions of two weeks each.
13.
In a two-week session the Court usually issues four or five judgments, holds
public hearings, issues orders on provisional measures and the processing of cases and
other important matters, which forces it to work against the clock in work sessions that
end up exhausting the Judges and the Secretariat’s personnel. And during those eight
weeks a year, the Court deliberates, mainly because the reading of the dossiers and
the preparation of the judgments by the rapporteur judges and legal teams and interns
of the Secretariat is done outside those sessions, when the activities to which each
Judge is dedicated allow it. If the work conditions of the Judges were different, it would
be possible to issue judgments to which more time could be dedicated and they could
offer greater detail with regard to determinations considered important by the State
Parties. It is an obligation of the State Parties to guarantee that the Court can meet a
period of time sufficient enough to appropriately consider the cases.5
14.
With the reformed rules of procedure, of the Court and the Commission, which
came into force in the year 2001, the number of cases submitted to the consideration
of the Court by the Commission has more than duplicated, and the Organization of
American States (OAS) funds the same eight weeks of sessions per year, which has led
the Court to receive in public hearings only the most important testimonies and expert
statements, ordering the receipt of the rest through sworn statements (affidavits), and
it has decreased the time of deliberation for every case.
Cfr. Case of Zambrano Vélez et al. v. Ecuador. Merits, Reparations, and Costs. Judgment
of July 4, 2007. Series C No. 166; Case of Goiburu et al. v. Paraguay. Merits, Reparations, and
Costs. Judgment of September 22, 2006. Series C No. 153; Case of Loayza Tamayo v. Peru.
Merits. Judgment of September 17, 1997. Series C No. 33; Case of Castillo Páez v. Peru. Merits.
Judgment of November 3, 1997. Series C No. 34; Case of Castillo Petruzzi et al. v. Peru. Merits,
Reparations, and Costs. Judgment of May 30, 1999. Series C No. 52; and Case of Cantoral
Benavides v. Peru. Merits. Judgment of August 18, 2000. Series C No. 69.
4
Cfr. “La Corte Interamericana de Derechos Humanos: Camino Hacia un Tribunal
Permanente” and “La Corte Interamericana de Derechos: La Necesidad Inmediata de Convertirse
en un Tribunal Permanente (Efectos de la Aplicación del Cuarto Reglamento de la Corte
Interamericana de Derechos Humanos, de Junio de 2001 a Junio de 2004, en Relación con el
Artículo 44.1 del Reglamento de la Comisión Interamericana de Derechos Humanos” In:
Trindade, Antônio Augusto Cançado; Ventura Robles, Manuel E. “El Futuro de la Corte
Interamericana de Derechos Humanos”. Corte IDH-ACNUR, 3a Edición, San José, Costa Rica,
2005.
5
4