statements on the judgment publicly, whichever the reasons to do so, accepting the
request for a public hearing was, at least, an act of diplomatic courtesy that, in the
especially complex context in which the facts of the case occurred, should have been
expressed to the State Party, who in good faith presented a serious argument to the
Court within a judicial proceeding in which it appears as the respondent. Besides, the
experience has always been that in the public hearings the Court gathers information
of great importance, from a direct source, which at least helps to better understand
the position of the petitioner, even when from reading the written texts the judge
considers that it does not have juridical doubts. The Court has already held public
hearings on other opportunities for the interpretation of judgments. 1
IV
THE JURIDICAL ASPECT OF THE REQUEST FOR
INTERPRETATION OF THE JUDGMENT
5.
The problematic presented by the Peruvian State, which must not be ignored
because it is not exactly technical-juridical, originates in the principles themselves of
the reason for the existence of the international systems for the protection of human
rights, in this case the Inter-American system, which were approved by the States
themselves, specifically the protection of the human being’s fundamental rights with
regard to the violations committed by the States, reason why the essence itself of the
system is subsidiarity. The system’s bodies do not replace the State in its main and
fundamental obligation to protect and guarantee the human rights of their population,
but instead they offer that protection once the State has not done so, as is its main
obligation. In this case, fourteen years had gone by since the facts occurred in the year
1992 and up to the date of the judgment in 2006.
6.
Besides, the litigation before the Inter-American system is totally different to
the criminal litigation carried out in the domestic system of the States: in the latter,
the State intervenes as the accusing party against an individual allegedly responsible
of violating the domestic legislation, reason for which the main purpose of the process
is to determine and, in its case, declare the criminal responsibility of the person who
committed the violation. On the other hand, in the international jurisdiction the
individual becomes an alleged victim of the violation by the State of any of the rights
protected by the American Convention or any other international treaty applicable. And
if the violation is proven, pursuant to Article 63 of the American Convention, the right
infringed must be restored and, in its case, if it proceeds, payment of a fair
compensation must be ordered. In this sense, the Tribunal has stated:
The Court considers it fundamental to reiterate, as it has done when deciding on
other cases, that it is not a criminal court that can analyze the criminal
responsibility of individuals.2
1
Cases of Velásquez Rodríguez and Godínez Cruz against Honduras, public hearing of
August 14, 1990 and case of Cesti Hurtado against Peru, public hearing of January 25, 2000.
Cfr. Case of Velásquez Rodríguez, Merits, Judgment of July 29, 1988, Series C No. 4,
para. 134; Case of Suárez Rosero, Merits, Judgment of November 12, 1997, Series C No. 35,
para. 37; Case of the Massacre of Pueblo Bello, Merits, Reparations, and Costs, Judgment of
February 1, 2006, Series C No. 141, para. 122; Case of Fermín Ramírez, Merits, Reparations,
and Costs, Judgment of June 20, 2005, Series C No. 126, para. 63; Case of Raxcacó Reyes,
Merits, Reparations, and Costs, Judgment of September 15, 2005. Series C No. 133, para. 55;
2
2