IV
ANALYSIS OF THE ADMISSIBILITY OF THE REQUEST FOR INTERPRETATION
9.
This Court will analyze the requests from the representatives and the State to
determine if, according to the regulations and the standards developed in its case law, it is
appropriate to clarify the meaning or scope of any point of the judgment.
10.
To analyze the admissibility of the requests from the representatives and the State,
the Court takes into account its consistent case law, clearly supported by the applicable legal
system, insofar as a request for interpretation of the judgment cannot be used as a means of
challenging the decision requiring an interpretation. The purpose of said request is exclusively
to determine the meaning of a ruling when any of the parties maintains that the text of its
operative paragraphs or its considerations lacks clarity or precision, as long as those
considerations affect said operative part. Therefore, it is not possible to request the
modification or annulment of the respective judgment through a request for interpretation.1
11.
Adicionalmente, la Corte ha sostenido la improcedencia de utilizar una solicitud de
interpretación para someter cuestiones de hecho y de derecho que ya fueron planteadas en
su oportunidad procesal y sobre las cuales la Corte ya adoptó una
Additionally, the Court has upheld the inadmissibility of using a request for interpretation to
submit questions of fact and law that were already raised at the procedural opportunity and
on which the Court has already adopted a decision,2 as well as to claim that the Court reassess
issues that it has already resolved in its judgment.3 In the same way, there cannot be a
request for the broadening of the reach of a measure for reparation.4
12.
The Inter-American Court will examine below the issues raised by the representatives
and the State, in the following order: A. Method of payment and distribution of the amounts
in equity, and B. Investigation of the alleged acts of torture with respect to Manuel Guillermo
Omeara Miraval.
A. Method of payment and distribution of the amounts in equity
13.
The representatives requested clarification on the scope of the payment in equity for
consequential damages. They considered that it is necessary for the Court to clarify what is
meant by family groups, that is, to whom the ordered payments should be made and based
on what criteria the payments should be made, because they do not seem to be established
in paragraph 328 of the judgment.
14.
Regarding this request, the Court notes that there was a material typographical error
when indicating the paragraph that elaborates the scope and criteria of the corresponding
payment. Therefore, it clarifies the following: the paragraph intended to elaborate said point
Cf. Case of Loayza Tamayo v. Peru. Interpretation of the Judgment on the Merits. Order of the Court of
March 8, 1998. Series C No. 47, paras. 12 and 16, and Case of López Soto et al. v. Venezuela. Interpretation of the
Judgment on the Merits, Reparations and Costs. Judgment of May 14, 2019. Series C No. 379, para. 11.
2
Cf. Case of Loayza Tamayo v. Peru. Interpretation of the Judgment on Reparations and Costs. Judgment of
June 3, 1999. Series C No. 53, para. 15, and Case of López Soto et al. v. Venezuela. Interpretation of the Judgment
on the Merits, Reparations and Costs, supra, para. 12.
3
Cf. Case of Salvador Chiriboga v. Ecuador. Interpretation of the Judgment on Reparations and Costs.
Judgment of August 29, 2011. Series C No. 230, para. 30, and Case of López Soto et al. v. Venezuela. Interpretation
of the Judgment on the Merits, Reparations and Costs, supra, para. 12.
4
Cf. Case of Salvador Chiriboga v. Ecuador. Interpretation of the Judgment on Reparations and Costs.
Judgment of August 29, 2011. Series C No. 230, para. 30, and Case of López Soto et al. v. Venezuela. Interpretation
of the Judgment on the Merits, Reparations and Costs, supra, para. 12.
1
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