2
a)
Request for interpretation submitted by the State
2.
In its request the State asked the Court to interpret the scope of the form of
reparation ordered by the Inter-American Court in paragraphs 275 and 276 of the
Judgment, “to implement, as it has done in other cases, a program to provide
adequate housing to the next of kin who return to Pueblo Bello”. It also requested
clarification of paragraph 240 subparagraph a) of said Judgment regarding
distribution of compensation among the wives or common-law spouses of the
missing persons and those who lost their lives.
b)
Request for interpretation submitted by the representatives
3.
In their request for interpretation the representatives raised several doubts
regarding establishment of the beneficiaries of the compensations ordered in the
Judgment, in accordance with the criteria set forth by the Court in paragraphs 233 to
241 of said Judgment. Specifically, the representatives deemed that said criteria
were not taken into account regarding to certain persons who were not included by
the Court in Appendix II of the Judgment as next of kin of the victims, despite the
fact that they allegedly proved “in a timely manner and with suitable documents [...]
their kinship [...] and fulfillment of the requirements of the Court to be considered
beneficiaries of the compensations.”
Thus, they asked that the ruling on
interpretation state that the persons listed in the request brief are beneficiaries of
the compensations under the same conditions as those listed in the Judgment, and
they also asked that the names of two next of kin included in said Appendix be
corrected.
II
COMPETENCE AND COMPOSITION OF THE COURT
4.
Article 67 of the Convention establishes that
[t]he 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.
5.
Pursuant to said Article, the Court is competent to interpret its rulings. In its
examination of the request for interpretation, the Court will insofar as possible have
the same composition it had when it issued the respective Judgment (Article 59(3) of
the Rules of Procedure). On this occasion, the Court is composed of the same
Judges1 who issued the Judgment on the merits, reparations, and costs, which it has
been asked to interpret.
III
PROCEDURE BEFORE THE COURT
1
With the exception of Judge Oliver Jackman, who for reasons of force majeure did not participate,
as mentioned before.
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