-4-
13.
Additionally, the Court has upheld the inadmissibility of using a request for
interpretation to submit questions of fact and law that were already raised in their
procedural opportunity and on which the Court has already taken a decision,5 as well
as to seek that the Court re-assess issues that have already been decided in the
judgment.6 Similarly, it is not possible to try to broaden the reach of a measure for
reparation ordered in a timely manner.7 Meanwhile, the Court has also indicated that
the formulation of abstract or hypothetical situations has nothing to do with the
purpose of a request for interpretation of judgment.8
14. Under this understanding, the Court will examine the requests for interpretation
made (supra paras. 2 and 3), as well as the arguments presented in this regard by the
parties and the Commission, respectively, and will determine their admissibility. If the
respective request is deemed admissible, this Court will make the pertinent
clarifications and precisions in order to contribute to the effective implementation of
the measures of reparation ordered in the judgment, without expanding their scope.
Along these lines, it is pertinent to remember that in this case, the wording of the
considerations expressed in the judgment would simply be clarified, given that said
judgment is final and unappealable (supra para 9), and clearing doubts about its
original scope.
15. Next, the Court will proceed to analyze the arguments presented by the
representative and the State in their requests for interpretation, in the following order:
(A) the legal classification of the mistreatment to which Ms. J. was subjected; (B) the
legal effects of the violation of rights mentioned in paragraph 227 of the judgment; (C)
the criteria and methodology for determining the amounts set as costs and expenses,
and (D) the application of Article 76 of the Court's Rules of Procedure.
A. The legal characterization of the ill-treatment to which Ms. J was
subject.
Arguments of the Commission and the parties
16.
did
The State pointed out that in paragraphs 357 to 368 of the judgment, the Court
not specify specifically whether the mistreatment that Ms. J suffered
Ecuador. Interpretation of the judgment on preliminary objection, merits, reparations and costs, judgment of
August 21, 2014. Series C No. 280, para. 17.
Cf. Case of Loayza Tamayo v. Peru Interpretation of the judgment of Merits, para. 16, and Case of the
Supreme Court of Justice (Quintana Coello et al.) v. Ecuador. Interpretation of the judgment of Merits,
Reparations and Costs, supra, para. 17.
4
Cf. Case of Loayza Tamayo v. Peru Interpretation of the judgment of Merits, para. 15, and Case of the
Supreme Court of Justice (Quintana Coello et al.) v. Ecuador. Interpretation of the judgment of Merits,
Reparations and Costs, supra, para. 18.
5
Cf. Case of Salvador Chiriboga v. Ecuador. Interpretation of the judgment on Reparations and Costs.
Judgment of August 29, 2011. Series C No. 230, para. 30, and Case of the Supreme Court of Justice
(Quintana Coello et al.) v. Ecuador. Interpretation of the judgment of Merits, Reparations and Costs, supra,
para. 18.
6
Cf. Case of Escher et al. v. Brazil. Interpretation of the judgment on Preliminary Objections, Merits,
Reparations and Costs. Judgment of November 20, 2009. Series C No. 208, para. 11, and Case of the
Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, supra, para. 18.
7
Cf. Case of Cesti Hurtado v. Peru Interpretation of the judgment of Merits. Judgment of November 19,
1999. Series C No. 62, para. 27, and Case of the Supreme Court of Justice (Quintana Coello et al.) v.
Ecuador, supra, para. 18.
8