2
(a)
“Consultation on whether the appeal for review is applicable” if the
Peruvian Judiciary “[…] reaches a different conclusion to that of the
responsibility of State agents for the acts against Saúl Cantoral Huamaní
and Consuelo García Santa Cruz”;
(b)
“Integration or correction of paragraph 187 of the judgment: regarding
the return to Pelagia Mélida Contreras Montoya de Cantoral of the sum of
US$7,500.00 given to Saúl Cantoral Huamaní by the National Federation
of Mining, Metallurgy and Steel Workers of Peru, instead of to the said
Mining Federation”; and
(c)
“Clarification of paragraph 185 of the judgment […] concerning the factual
or legal status of Elisa Huamaní Infanzón […]”.
2.
On November 6, 2007, pursuant to the provisions of Article 59(2) of the Rules
of Procedure and on the instructions of the President of the Court (hereinafter “the
President”), the Secretariat of the Court (hereinafter “the Secretariat”) forwarded a
copy of the application for interpretation to the Inter-American Commission on Human
Rights (hereinafter “the Inter-American Commission” or “the Commission”) and to the
representatives of the victims and their next of kin (hereinafter “the representatives”).
It also informed the Commission and the representatives that they could submit any
written arguments they deemed pertinent by December 10, 2007, at the latest. Finally,
it reminded the State that, as established in Article 59(4) of the Rules of Procedure,
“[a]n application for interpretation shall not suspend the effect of the judgment.”
3.
On December 7, 2007, the representatives submitted their written arguments
and asked the Court “to reject all aspects of the application for interpretation.”
4.
On December 10, 2007, the Commission submitted its written arguments and
stated that “the scope and the content of the operative paragraphs of the judgment
are clear; consequently the questions raised in the request made by the Peruvian State
are inadmissible.”
II
COMPETENCE AND COMPOSITION OF THE COURT
5.
Article 67 of the Convention establishes that:
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.
6.
According to this article, the Court has competence to interpret its judgments.
In order to examine the application for interpretation and take the respective decision,
it should, if possible, have the same composition it had when delivering the respective
judgment, according to Article 59(3) of the Rules of Procedure. On this occasion, the
Court is composed of those judges who delivered the judgment whose interpretation
has been requested by the State.
III
ADMISSIBILITY
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