its investigations, as well as the conditions for publicizing its findings." They indicated that
"these considerations, [...] for its reading and interpretation fall within the scope of the
Court’s decision on reparations [but] are not covered by an operative paragraph in the
judgment.” In this regard, they alleged that "the lack of a corresponding operative
paragraph raises the question of whether paragraphs 97 and 98 amount to a mandatory
measure of reparation ordered by the Inter-American Court,” and therefore, “the omission
of the correlating operative paragraph puts in question the validity and obligatory nature
of the creation of the aforementioned Working Group [and] leaves unclear whether the
measure was adopted unanimously or if there was some disagreement [as well as] raises
questions as to whether this measure should or should not be supervised by the Court in
the framework of its jurisdiction to conduct comprehensive monitoring of compliance with
judgments.”
13. The State indicated that the representatives’ request would entail "the rectification
of the operative part of the judgment, due to an omission regarding the inclusion of a
measure ordered." However, it indicated that “[b]eyond referring to the most appropriate
way to address the representatives' request, [...] the Paraguayan State emphasizes that
in the [present] case [...] it has accepted its international responsibility", and therefore its
position "has been not to oppose the creation of this group". Finally, it emphasized that
the measures ordered in the judgment were important for “redressing the rights violations
committed to the detriment of Mr. Leguizamón Zaván, his wife, daughter and children" and
that its “compliance contributes to ensuring that facts similar to what took place in this
case are not repeated in the Republic of Paraguay."
14.
The Commission did not submit any observations on the request for interpretation.
A.2. Considerations of the Court
15. Regarding the obligation to investigate and the creation of the Working Group
ordered in the judgment, this Court recalls that paragraph 97 of the judgment provided as
follows:
97. In the context of the present judgment, the Court has determined that the investigation
and subsequent prosecution of the facts of April 26, 1991, did not meet the standards of
due diligence, and in addition, it failed to establish the circumstances of what happened.
However, it is impossible to continue investigating the Brazilian citizens who allegedly
participated in the crime because the State did not diligently take the actions necessary to
secure judicial cooperation from Brazil. Additionally, the crime is time-barred in Brazil.
Therefore, in its place, the creation of a Working Group is ordered to establish the
circumstances of Mr. Leguizamón Zaván’s murder. The Group shall report on (i) the context
in which it took place, including the security situation in the city of Pedro Juan Caballero and
the border area between Brazil and Paraguay; (ii) the other murders of journalists in
Paraguay committed after the murder of Mr. Leguizamón Zaván, as a consequence of his
work; and (iii) the failures in the investigation of Mr. Leguizamón Zaván’s murder in order
to propose measures aimed at guaranteeing the safety of journalists and ending impunity. 7
16. In addition, regarding the Working Group, paragraph 98 of the judgment states the
following:
98. The Working Group will be made up of five experts with the technical capacity, moral
suitability, and specific knowledge necessary to perform this work, at least one of whom
must be a journalist. One of its members will be from the Directorate of Truth, Justice, and
Reparations of the Ombudsperson's Office. This individual will coordinate the group and
Case of Leguizamón Zaván et al. v. Paraguay. Merits, Reparations, and Costs. Judgment of November 15,
2022. Series C No. 473, para. 97.
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