5
IV
ADMISSIBILITY
7.
The Court must verify if the terms of the request for interpretation comply with
the applicable rules.
8.
Article 67 of the Convention provides as follows:
[Th]e 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.
9.
Article 59 of the Rules provides, in its pertinent part, that:
1.
[Th]e request for interpretation, referred to in Article 67 of the
Convention, may be made in connection with judgments on the merits or on
reparations and shall be filed with the Secretariat. It shall state with precision
the issues relating to the meaning or scope of the judgment of which the
interpretation is requested.
[…]
4.
A request for interpretation shall not suspend the effect of the judgment.
5.
The Court shall determine the procedure to be followed and shall render its
decision in the form of a judgment.
10.
Article 29(3) of the Rules provides that “3. Judgments and orders of the Court
may not be contested in any way”.
11.
When analyzing the comments filed by the representatives (supra, paragraph
3), this Court finds that, under the appearance of a request for interpretation,
petitioners intend to modify the Judgment on the merits, reparations, and costs
pronounced by this Court on November 25, 2004 in the case of Lori Berenson-Mejía,
since the representatives do nothing but submit once more to the Court issues of fact
and of law that have already been submitted at the pertinent procedural stage and
regarding which this Court has already handed down a decision.
12.
As this Court has previously stated, a petition for the interpretation of a
judgment should not be used as a means to appeal but rather it should have as its
only purpose to clarify the meaning of a ruling when one of the parties maintains that
the text in its operative parts or in its considerations lacks clarity or precision, provided
that such considerations have a bearing on the operative parts and, therefore,