6
not subject to appeal. The Court summarized the arguments adduced by the
Commission in its comments on the request for interpretation as follows:
a.
that the Court, in the judgment on preliminary objections and in
paragraphs 47 and 48 of the judgment, referred properly and clearly to the
objection of non-exhaustion of domestic remedies; that the statement
concerning the allegation of lack of motive for it is groundless and, in any
event, could not be brought through a request for interpretation.
b.
that the Court did rule in the judgment that the scope of the
declaration of the state of emergency governed by Article 27 of the
Convention was not pertinent. It further declared that the State is refuting
the Court's decision, rather than submitting any request for interpretation or
clarification of the meaning or scope of the judgment;
c.
that the judgment is clear regarding the meaning and scope of the
order for Ms. María Elena Loayza-Tamayo's release, pursuant to Article 63(1)
of the Convention, since in accordance with the prinicple of restitutio in
integrum, the victim's rights and freedoms enshrined in the American
Convention and which the Court found to have been violated must be
restored. It further stated that Peruvian domestic law provides for compliance
with an order issued by an international organization through its jurisdictional
organs, when Peru is subject to its jurisdiction.
d.
that there is no conventional or statutory provision that establishes
that the request originating in a case before the Court must conform to the
terms of the report referred to in Article 50. It further pointed out that the
Court found that the principle of innocence embodied in Article 8(2) of the
Convention had been violated and that it was not a question, as Peru claimed
in its request for interpretation, of a denunciation of a generic violation of that
article.
e.
that, there is no need to clarify the meaning or scope of the
compensation ordered to be paid to the victim's next of kin, since a person's
next of kin are those relatives designated by their own names for hereditary
purposes, as the Court has already stated; and
f.
that, with regard to the witnesses, the Court acted in accordance with
Article 48(3) of its Rules of Procedure and so indicated when it ruled on the
allegations submitted by the State. It further stated that a reading of the
judgment implies that the Court had attributed value to the statements when
information provided by the witnesses was corroborated by other evidence
produced in the case.
IV
INADMISSIBILITY OF THE APPLICATION
14.
According to Article 67 of the Convention transcribed above (supra, para. 8),
the judgments of this Court are final and not subject to appeal, but may be
interpreted at the requested of any of the parties when there is disagreement on the
meaning and scope of the decision.