5
a friendly settlement[,] and considers that, even though the applicants have
possession of their certificates, they will have to comply with the legal
formalities [...] to acquire the birth certificates as prescribed by law”; and
f)
“the [J]udgment does not bar the competent authorities from adopting
decisions concerning the liability of persons for the wrongful acts attributed to
them.”
Argument by the Commission
18.
The Commission stated, inter alia, that:
a)
the request for interpretation filed by the State does not comply with
the requisite formalities to be properly deemed as a request for interpretation
and that it should therefore be dismissed, inasmuch as the State “the State
does not seek for [the Court] to interpret the meaning and scope of its
judgment pursuant to […] the Convention and […] the Rules of Procedure but,
instead, it pursues a review and a reconsideration of the final [J]udgment not
subject to appeal entered by the Court, since it takes issue with the content
thereof […]”; and
b)
the State’s assertion that it deems itself to have performed its duty to
extend the certificates runs counter to the Judgment, and represents a
menace to the binding effect of the Court’s decisions and to its authority. The
State seeks to alter the Court’s Judgment, ignore the reparations, and
establish an additional burden upon the victims by imposing requirements for
them to enjoy a right that is lawfully theirs. Therefore, even though the
Commission will address the compliance with the Judgment in the appropriate
opportunity, it deems it fit to follow up on the compliance with the reparations
challenged by the State.
Argument by the representatives
19.
The representatives argued, inter alia, that:
a)
the Court must dismiss the State’s motion because it does not
constitute a request for interpretation, inasmuch as “rather than requesting
that the meaning or the scope of the provisions set forth in the InterAmerican Court’s Judgment, […] the State has sought to challenge and ‘alter
... aspects [of the Judgment] that are binding'". The foregoing is so because
the State's pleading "only deals with issues of fact and of law that have
already been addressed by the Court’s final judgment”;
b)
the State’s pleading is part of a government strategy aimed at
delegitimizing the Court’s Judgment and avoid compliance therewith; and
c)
the State threatens to adopt measures in retaliation against the victims
and their relatives. Firstly, to “revoke the girls’ birth certificates”, drawing a
distinction between “granting” and “recognizing” Yean and Bosico’s right to
nationality, based on an erroneous account of the facts. This is invalid under
the estoppel doctrine embodied in Inter-American law. Secondly, to
“prosecute the victims and their next of kin” for actively participating in the
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