this Court,9 or to seek for the Court to re-assess matters that have already been decided in
the judgment.10 Therefore, the Court notes that, under the guise of a request for
interpretation, the State would have the Court reconsider its analysis regarding the operative
paragraph in question. This is inadmissible under Article 67 of the American Convention.
Consequently, the Court denies the request presented by the State.
E. Regarding operative paragraph eight
E.1. Arguments of the parties and of the Commission
41.
The State requested the Court to determine the scope and meaning of operative
paragraph eight. It claimed that “the judgment refers to convictions handed down against
members of indigenous communities, without defining the scope of the term ‘indigenous
community.’" It further argued that it is not possible to assume that all individuals who have
been convicted for operating a radio station without a license and who are part of an
indigenous community are therefore engaged in community radio. It recalled the “need for
the Court to provide a definition and to clarify the activities carried out by a community radio,
in order to be able to determine to whom the present provision applies.” Moreover, it
requested that the scope and meaning of operative paragraph eight be interpreted to address
whether, “by applying this provision, the principles of independence and impartiality” of the
judicial operators and the Public Prosecutor’s Office would be violated.
42.
The representatives reiterated their observations submitted in relation to the request
for interpretation of operative paragraph seven; and they particularly indicated that the
judgment “is binding on all the public bodies and branches of state, including judges and
judicial operators.”
43.
The Commission reiterated its observations regarding operative paragraph seven and
emphasized that the basis for said operative paragraph can be understood by making a
thorough analysis of paragraphs 201 and 202 and 157 to 172 of the judgment.
E.2. Considerations of the Court
44.
Operative paragraph eight of the judgment reads:
8. The State shall annul the convictions handed down against members of indigenous
communities for using the radio spectrum, and any related consequences, pursuant to
paragraph 203 of [the] judgment.
45.
In the first place, the Court considers it is important to clarify that operative paragraph
eight of the judgment must be interpreted in accordance with the specificities of the case,
characteristic of community radios, as indicated in paragraph 194 of the judgment.11 To this
Cf. Case of Loayza Tamayo v. Perú. Interpretation of the judgment on merits, supra, para. 15, and Case of
Casa Nina v. Perú. Interpretation of the judgment on preliminary objections, merits, reparations and costs, supra,
para. 11.
9
Cf. Case of Salvador Chiriboga v. Ecuador. Interpretation of the judgment on reparations and costs, supra,
para. 30, and Case of Casa Nina v. Perú. Interpretation of the judgment on preliminary objections, merits,
reparations and costs, supra, para. 11.
10
11
Paragraph 194 of the judgment establishes:
In addition, as noted in Chapter VII of this judgment, the LGT, in practice, does not
make provision for community radio stations and Guatemala does not have any other
regulations governing their operation, which the Court considers fundamental to ensure that
community radio stations can effectively operate. Furthermore, taking into account that
indigenous peoples represent approximately half of the population of Guatemala; that most of them
11