- 14 many of the witnesses had stated that they were unable to read the records made of the
searches, and that “the victim or the family members were required to sign [them].”
147. Despite the above, the Court underscores that, in her statement, J.’s mother did not deny
that she had authorized this search. Also, it should be recalled that the statement of the
presumed victim cannot be assessed in isolation, but rather in the context of all the evidence in
the proceeding. Likewise, regarding the statement by J.’s mother, this Court finds that, since she
is a member of the presumed victim’s family and has a direct interest in this case, her testimony
cannot be assessed in isolation, but rather in the context of the evidence in the proceedings.
Consequently, the Court finds that it does not have sufficient evidence to disprove the fact that,
according to the respective search record, J.’s mother authorized the entry into her home of the
police agents and, therefore, concludes that the search of the home of Ms. J. on Casimiro Negrón
Street did not violate Article 11(2) of the Convention.
41. As can be deduced from the cited paragraphs, the material error pointed out by
the representative in no way affects the provisions of the Court in its judgment. This
Court expressly indicated that “since she is a member of the presumed victim’s family
and has a direct interest in this case, her testimony cannot be assessed in isolation,
but rather in the context of the evidence in the proceedings.” Regardless of whether
Ms. J.'s mother and her sister were taken directly to the building on Casimiro Negrón
Street, where, according to her statement, everything was already in a mess when
they arrived, and not to the building on Las Esmeraldas, the fact that Ms. J.'s mother
signed the search report where it is established that she gave her authorization,
coupled with the impossibility of assessing her statements in isolation, led the Court to
conclude that “it d[id] not have sufficient evidence” to declare a violation of Article 11
of the Convention, by virtue of said search. This Court considers that, under the guise
of a request for interpretation, the representative seeks a modification of that ordered
by the Court in paragraph 147 of the judgment, which would imply an assessment of
matters of fact and law that were already raised at the procedural opportunity and on
which this Court has already made a decision. Since there is no possibility for the
ruling to be modified, in accordance with Articles 67 of the American Convention and
31(3) and 68 of its Rules of Procedure, the representative's request is inadmissible.
V
OPERATIVE PARAGRAPHS
42.
Therefore,
THE COURT
in accordance with article 67 of the American Convention on Human Rights and articles
31(3), 68, and 76 of the Rules of Procedure,
DECIDES:
Unanimously,