-2I
REQUEST FOR INTERPRETATION
AND PROCEDURE BEFORE THE COURT
1.
On November 27, 2013, the Inter-American Court issued the judgment, which
was notified to the parties and to the Inter-American Commission on Human Rights
(hereinafter “the Inter-American Commission” or “the Commission”) on December 23
of the same year.
2.
On March 17, 2014, the representative submitted a request for interpretation in
relation to two aspects of the judgment: (i) the source of evidence for the reference to
“Las Esmeraldas” street in paragraph 87 of the judgment, which he considered a
material error, and “its implication in the sense of the analysis that flows into
paragraph 147 of the judgment,” as well as (ii) what would be the legal consequences,
in accordance with Article 63 of the Convention, of the violation of the rights of the
victim as provided in paragraph 227 of the judgment.
3.
On March 21, 2014, the State submitted a request for interpretation due to
having “uncertainties about the meaning or scope of the judgment, with considerations
that affect its operative section.” In particular, the State requested that the Court: (i)
clarify whether the facts of paragraphs 357 to 368 must be classified as torture or
cruel, inhuman, or degrading treatment or punishment, or whether said legal
classification must be determined in the investigation of the national jurisdictional
bodies in compliance with the reparations measure that was ordered by the Court; (ii)
specify "the criteria and methodology used to determine the amounts established as
expenses and costs" in paragraph 422 of the judgment, and (iii) amend the position of
Mr. Federico Javier Llaque Moya2 to “lawyer of the Specialized Prosecutor for Crimes of
Terrorism.”
4.
On March 25, 2014, as provided in Article 68.2 of the rules of the Court, and
following instructions from the Court's President, the Secretariat sent on the
abovementioned requests for interpretation to the representative, the State, and the
Commission, granting them a term up to April 25, 2014, to present the written
allegations that they deemed fit.
5.
On April 25, 2014, the representative, the Commission and the State presented
their written arguments regarding the aforementioned requests for interpretation.
II
COMPETENCE
6.
Article 67 of the Convention provides:
The judgment of the Court shall be final and not subject to appeal. In case of
disagreement as to the meaning or scope of the judgment, the Court shall interpret
it at the request of any of the parties, provided the request is made within ninety
days from the date of notification of the judgment.
7.
Pursuant to the cited article, the Inter-American Court is competent to interpret
its rulings. In order to examine the requests for interpretation and decide as so
In its request for interpretation, the State referred to this deponent for information purposes as Javier
Llaque Moya. For the purposes of this judgment, he will be identified as Federico Javier Llaque Moya, as he
was identified in the judgment, which is also how Mr. Llaque Moya identifies himself in his resume.
2