33. With respect to the request of Peru, this Court recalls that the parties must consider
the judgment as a whole and each paragraph in light of the rest rather than interpreting
paragraphs in isolation.7 In this regard, the Court notes that the above passages,
consistent with paragraphs 81 and 83 of the same judgment (expressly cited in
paragraph 138)8, make clear the meaning and scope of the legal modifications ordered
as a guarantee of non-repetition. Thus, it should be noted that the State’s two main
questions in this respect can be answered precisely and fully through a joint reading of
the abovementioned paragraphs.
34. Regarding the request for interpretation of paragraph 139 of the judgment
specifically, the State noted a possible contradiction which, it stated, had been revealed
in the vote issued by one of the Court’s judges under Article 65(2) of the Rules of
Procedure. In this regard, the Court notes that there is no issue requiring clarification,
as the referenced paragraph expressly notes that “regardless of the legal reforms the
State” adopts, it is “essential that the authorities with competence to decide,” in
exercising their conventionality review, “adapt their interpretation of the law to the
principles established in this judgment.” Therefore, the Court rejects the State’s request.
D. The State's request for interpretation regarding the reimbursement of
expenses in the compliance monitoring stage of the judgment
D.1. Arguments of the parties and of the Commission
35. The State requested clarification of paragraph 158 of the judgment “in relation” to
the eighth operative paragraph. It stated that said paragraph, which indicated that the
reimbursement of “reasonable expenses” is feasible in the compliance monitoring stage
of the judgment, is “vague and open-ended, making it impossible to predict the length
of the monitoring stage or the meaning of ‘reasonable expenses.’” It requested
clarification on the meaning of that concept. It added, “Neither is it clear on how many
Cf. Case of Pollo Rivera et al. v. Peru. Request for Interpretation of the Judgment on Merits, Reparations,
and Costs. Judgment of May 25, 2017. Series C No. 335, para. 26, and Case of Roche Azaña et al. v. Nicaragua.
Interpretation of the Judgment on Merits and Reparations. Judgment of November 18, 2020. Series C No. 418,
para. 19.
8
In paragraphs 81 and 83 of the judgment, the Court considered the following:
81. The Court reiterates that it does not have competence to define the best institutional framework
for ensuring the independence and objectivity of prosecutors. However, it notes that States are
bound to ensure that provisional prosecutors are independent and objective, and therefore should
grant them some sort of stability and permanence in office, because the fact that they are appointed
provisionally does not mean that they can be removed from office in a discretionary or arbitrary
manner. The Court notes that the provisional nature of the appointment should not modify in any
way the safeguards instituted to guarantee the reliable performance of their functions and to benefit
the litigants themselves. In any case, such provisional appointments should not be prolonged
indefinitely and should be subject to a resolutive condition, such as the extinction of the case that
resulted in the temporary absence or separation of the incumbent, or the expiry of a predetermined
period and the holding and conclusion of a public competitive selection procedure whereby
permanent replacements are selected. Provisional appoints should be exceptional, rather than the
rule. In addition (infra paras. 88 and 89), the decision that terminates the appointment of provisional
prosecutors should be duly reasoned, to ensure the rights to due process and judicial protection.
83. In conclusion, the Court considers that the removal of a provisional prosecutor from office should
be the result of legally defined caused, namely: (i) the occurrence of the resolutive condition to
which the designation or appointment was subject, or the conclusion of a predetermined period of
time for holding and concluding a public competitive selection procedure in order to appoint or
designate the permanent replacement of the provisional prosecutor, or (ii) serious disciplinary
offenses or proven incompetence, in which case it is necessary to conduct a procedures that
complies with the due guarantees and that ensures the objectivity and impartiality of the decision.
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