12
35.
Finally, the Court recalls that States cannot invoke the provisions set forth in
their domestic laws to justify non-compliance with international obligations.11 The
Tribunal has especially held that
[] regarding domestic laws, and regarding reparations ordered by the Court, their
compliance shall not be subjected to modification or non-observance by the respondant
12
States through invocation of provisions of their own domestic laws.
36.
Due to the foregoing reasons, the Court decides to dismiss the request for
interpretation related to the aspect set forth by the State about “[its] concern for the
scope of the measures ordered by the […] Court in compensation for non pecuniary
damages to María Victoria Cruz Franco” (supra para. 24), because it does not adapt in
its terms to the provisions set forth in Articles 67 of the Convention and 29(3) and 59
of the Regulation.
VIII
DISTRIBUTION OF THE COMPENSATION FIXED BY THE COURT BY WAY OF NONPECUNIARY DAMAGES SUFFERED BY THE MOTHER OF ERNESTINA AND ERLINDA
SERRANO CRUZ
37.
Arguments of the State
El Salvador requested the Court to “explain the scope of the decision […] enacting that
the compensation awarded to Mrs. Cruz Franco should be delivered to her children on
an equitable basis, and particularly whether this order includes Erlinda and Ernestina
Serrano Cruz”. “To this respect, since it is evident that there is more than a
reasonable doubt regarding the survival or existence of the aforementioned girls, […],
it should be understood that they should also be called to the succession originated by
the same mother, and under equal conditions as the other siblings. Therefore, the US$
80[.]000[,]00 awarded to Mrs. Cruz Franco by way of non pecuniary damages should
be divided into [] eight equal parts”.
38.
Arguments of the Commission
a
“the judgment is clear in paragraphs from 208 to 216 and does not
require further interpretation by the Court”. “[There] is no gap whatsoever in
the ruling of the Tribunal”; and
11
Cfr. Case of YATAMA, supra note 3, para. 257; Case of Caesar. Judgment of March 11, 2005. Series
C No. 23, para. 133; Case of Ricardo Canese. Judgment of August 31, 2004. Series C No. 111, para. 148.
12
Baena Ricardo Case et al. Competition. Judgment of November 28, 2003. Series C No. 104, para.
61. On the same lines, Cfr. Acosta Calderón Case, supra note 3, para. 147; YATAMA Case, supra note 3,
para. 257; and Fermín Ramírez Case, supra note 3, para. 123.