4
12.
The Court has corroborated that both the State and the representatives,
respectively, filed the requests for interpretation of the judgment within the time
limit set forth in Article 67 of the Convention, as the parties were notified of the
Judgment on February 27, 2006 (supra paras. 4 and 6).
13.
On the other hand, as this Court has previously established, 2, a request for
interpretation of a judgment cannot be used as a means to challenge it, but rather
must have as its only purpose to clarify the meaning of a ruling when one of the
parties argues that the text of its operative paragraphs or of one of its considerations
lacks clarity or precision, insofar as these considerations have an impact on said
operative part. Therefore, it is not possible to request modification or annulment of
the respective Judgment by means of a request for interpretation.
14.
The Court has also established that the request for interpretation of judgment
cannot consist of submitting factual and legal matters that were already raised at the
appropriate procedural moment and on which the Court already reached a decision.3
15.
To analyze whether the requests for interpretation submitted respectively by
the State and by the representatives are in order, and if appropriate to clarify the
meaning and scope of the January 31, 2006 Judgment, the Court will now separately
address the main points raised in them, that is, the establishment of the persons
considered beneficiaries of the compensation ordered in the Judgment, the criteria
for distribution of the compensation, and the housing program as a form of
reparation.
V
ESTABLISHMENT OF THE PERSONS CONSIDERED BENEFICIARIES OF THE
COMPENSATION ORDERED IN THE JUDGMENT
Pleadings of the representatives
16.
The representatives alleged that in the criteria and scope of the
considerations in paragraphs 233 to 241 of the Judgment, which were the basis for
the Court’s decision on the beneficiaries of the compensation ordered, the Court did
not take into account 62 persons whose kinship with the victims was proven “in a
timely manner and with suitable documents, [as well as] the requirements of the
Court for them to be beneficiaries of the compensation.” In this regard, they
appended to the request for interpretation a list with their names. Also, “to
exemplify certain situations found regarding persons whom they consider
beneficiaries of the compensation” even though they were not included in the
Judgment, they listed eight situations with their respective examples, as follows:
See Case of the Moiwana Community. Request for Interpretation of the Judgment on the Merits,
Reparations, and Costs (Art. 67 American Convention on Human Rights). Judgment of February 8, 2005.
Series C No. 145, para. 14; Case of Raxcacó Reyes. Request for Interpretation of the Judgment on the
Merits, Reparations, and Costs. (Art. 67 American Convention on Human Rights). Judgment of February 6,
2006. Series C No. 143, para. 15, and Case of the Indigenous Community Yakye Axa . Request for
Interpretation of the Judgment on the Merits, Reparations, and Costs. (Art. 67 American Convention on
Human Rights). Judgment of February 6, 2006. Series C No. 142, para. 15.
2
See Case of the Moiwana Community. Request for Interpretation of the Judgment on the Merits,
Reparations, and Costs, supra nota 2, para. 15; Case of Raxcacó Reyes. Request for Interpretation of the
Judgment on the Merits, Reparations, and Costs, supra nota 2, para. 16, and Case of the Indigenous
Community Yakye Axa . Request for Interpretation of the Judgment on the Merits, Reparations, and Costs,
supra nota 2, para. 16.
3
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