7.
That is, I think that the wrong perception of a part of the Peruvian population of
what a proceeding before the Inter-American Court is, lies in the fact that they believe
that this is an international criminal court that determines individual criminal
responsibilities, that it is a superior instance that knows of the same process carried
out in the domestic law and, within it, not only acquits alleged terrorists, but also
orders payment of a compensation in their favor.
8.
I must point out, once again, that the Inter-American Court is a tribunal for the
control of conventional legality, with regard to the acts or omissions of the States
Parties to the American Convention, which are the only ones who can be declared
internationally responsible for infractions to the Convention. It is a process different to
the domestic one, in which the parties, the object, and the applicable legislation are
different. In one domestic criminal law is applied and in the other international human
rights law is applied, since one is carried out in the venue of a domestic or national
criminal court and in the other a proceeding is carried out in the venue of an
international court.
9.
This results in the confusion between some people who are not experts in Law,
those who assume that the Inter-American Court has erroneously determined criminal
responsibility, which is obvious to them and that, as if this were not enough, orders
the payment of a compensation to the alleged guilty parties. The public opinion must
be clear, and it is the responsibility of the States Parties to the Convention to inform
them, of the different nature of both processes. That is, they must make it clear that if
the case reached the Inter-American Court it is because the State did not correct the
violations through its own courts.
10.
However, it is my understanding, that one thing is to request the interpretation
of a judgment, whichever it is, and another is to expect that the forms of compliance
of the judgment be defined through the interpretation, since this is a matter of the
supervision of compliance of the judgment. Some of the State’s concerns could be the
object of consideration of the Tribunal in this stage of the proceedings. In this sense,
the Tribunal has stated:
[…] the Court considers that said argument does not constitute a matter
regarding the sense and scope of the Judgment, but instead refers to the means
the State must employ to comply with the Judgment. Since it does not
correspond to a supposition of interpretation of the Judgment according to the
applicable regulations, the mentioned argument must be declared inadmissible
and, as soon as it is appropriate and convenient, it may be analyzed in the stage
of supervision of compliance with the Judgment.3
11.
The other possibility, that the Court had extended on its considerations on
terrorism, which it has done in other judgments, will be considered in the next section.
Case of Boyce et al., Preliminary Objections, Merits, Reparations, and Costs. Judgment of
November 20, 2007, Series C No. 169, footnote 37; Case of Zambrano Vélez et al., Merits,
Reparations, and Costs, Judgment of July 4, 2007, Series C No. 166, para. 93; and Case of Yvon
Neptune, Merits, Reparations, and Costs, Judgment of May 6, 2008, Series C No. 180, para. 37.
Case of the Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru. Request
for Interpretation of the Judgment on Preliminary Objections, Merits, Reparations, and Costs.
Judgment of November 30, 2007. Series C No. 174.
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