10
29.
The Court has already determined in the admissibility requirements that a
request for interpretation should seek clarity or precision in the operative paragraphs
of the judgment or in considerations that have a bearing on the operative
paragraphs thereof (supra para. 11). In this case, the State requested the
interpretation of certain paragraphs of the judgment without specifying their possible
relevance to the operative paragraphs; the only exception to this is the reference or
connection that the State makes to the tenth operative paragraph of the judgment,
with the request that this paragraph be clarified. This operative paragraph clearly
and precisely orders the State to conduct the investigation under the ordinary justice
system efficiently and within a reasonable time and, if appropriate, the criminal
proceedings that it is processing in relation to the rape of Mrs. Rosendo Cantú, in
order to determine the corresponding criminal responsibilities and to apply, as
appropriate, the punishments and other consequences established by law, all in
accordance with paragraphs 211 to 213 of the judgment.
30.
In this regard, the Court observes that, in its references to the tenth
operative paragraph of the judgment, Mexico correctly understands “the State’s
obligation to maintain any inquiries that may be initiated against military personnel
within the ordinary jurisdiction”; that “the State is ordered to continue its
investigations in the ordinary jurisdiction even if it is decided to investigate military
personnel and file proceedings against them,” and that the military justice system is
the inappropriate jurisdiction for the investigation of human rights violations. This
reveals that the State understood the simple and clear mandate arising from the
Court’s judgment. Furthermore, the Court underscores that, in its request for
interpretation, the State itself affirmed that “in the tenth operative paragraph, the
Court ordered [the State] to conduct the investigations and, as appropriate, to file
criminal proceedings against those who are found responsible so that the competent
judicial authority may decide whether criminal responsibility exists and, as
appropriate, apply the legal punishments and consequences.” Thus, the Court
ordered that the competent authorities of the domestic system of justice determine
the corresponding criminal responsibilities. Consequently, there is no lack of clarity in
the Court’s decision in the operative paragraph in question, and the State has
revealed this in its arguments, so that the request submitted by Mexico in this regard
is inadmissible.
31.
Moreover, the Court observes the State is attempting to make the Court rule
on factual and legal issues upon which it has already adopted a decision (supra para.
12). Specifically, it indicated that, since the preliminary inquiry into the facts is
underway in the domestic jurisdiction, investigations into the alleged offenses
committed continue and will determine the corresponding responsibilities, as well as
whether State agents were involved. The foregoing reveals that Mexico questioned
the Court’s competence to establish the proven facts in this case and the consequent
declaration of international responsibility. The Court’s case law has established
repeatedly that a request for interpretation of judgment shall not be used as a
means to contest the decision of which an interpretation is sought (supra para. 11).
Consequently, the interpretation requested on this aspect is also inadmissible.
b) Material competence of the Court
32.
Notwithstanding the foregoing, and with regard to the Court’s alleged lack of
competence to determine individual criminal responsibilities, the Court advises the
State that its consistent case law is expressly affirmed in the judgment. From
reading the judgment, it is clear that the Court has not exceeded its competence, nor