representatives agreed with this definition provided by AMARC.
104.
Similarly, a 2003 study by the United Nations Organization for Education, Science and
Culture (hereinafter “UNESCO”) stated that the essential features of community radio can be
summarized by the phrase “a radio service for the people, close to the people and for the
people.”138. According to UNESCO, community radio is “a medium that gives a voice to the
voiceless139. It “consist[s] of members of the community and its programming is based on
community access and participation. It reflects the special interests and needs of its listeners whose
first duty it is to serve.”
32.
Therefore, the Court notes that there is no issue that merits clarification, inasmuch as
the above cited paragraphs set the parameters to be taken into account regarding the
definition of a community radio station. Consequently, insofar as there is no ambiguous or
imprecise matter to clarify, the Court dismisses the State’s request for interpretation in this
regard.
D. Regarding operative paragraph seven
D.1. Arguments of the parties and of the Commission
33.
The State requested interpretation of “the meaning and scope” of operative paragraph
seven, as the functions discharged by the Public Prosecutor’s Office and the judges would be
biased from the very beginning if they failed to investigate and understand the circumstances
surrounding specific cases and any acts that could constitute crimes, which would violate the
independence of judicial operators in view of the need to perform judicial review of the
Convention. This, it added, is because judicial review of the Convention “is mainly performed
by the judiciary in each specific case, depending on the facts, conduct of the individuals
involved, duration, level of participation, and other considerations.” It further indicated that
this would make it impossible to “conduct a criminal prosecution for acts related to the illegal
use of radio frequencies, as it would be necessary to analyze the details to determine whether
or not criminal prosecution is in order.” Moreover, it held that the operative paragraph “would
violate the principle of judicial independence and impartiality” and would also entail
“interference in the work” of the Public Prosecutor’s Office. In order for the State to refrain
from prosecuting individuals who operate community radio stations, it is “paramount” to have
a “clear definition and the specific activities that these radio stations carry out” to avoid illegal
use of the radio spectrum.
34.
The representatives asked the Court to hold the request for interpretation as
inadmissible, as the State was attempting to challenge or modify the judgment. They pointed
out that the scope and meaning of the operative paragraph in question are clear and precise.
They indicated that it is within the framework of the powers of the Court to order a State to
adapt its domestic laws to the provisions of the Convention and that it is not the first time
that this Court has ordered Guatemala to refrain from applying a legal provision until such
time as the domestic legislation is amended to fit the parameters of the American Convention.
As to judicial review of the Convention, they held that all the powers, organs and public
authorities of the State must comply with the American Convention and the Court’s judgments
of interpretation thereof. Consequently, they indicated that “the State’s response must be
consistent with the judgment” as a whole and that the State may not invoke the provisions
of its domestic law as justification for its failure to comply. Finally, they argued that the
judiciary’s compliance with a judgment is part of the judicial duty to respect and protect the
rule of law, and this is consistent with the ability to exercise judicial independence and
impartiality.
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