[J]udgment“ and that “the only next of kin of the victims not specified in Appendix 2 of
the Judgment, to who the Tribunal grants the possibility to prove their condition within
the 8 months following the notification of the Judgment[,…] are the inmates’ children
that at that time were under the age of 18.” Likewise, it stated that “the purpose of
paragraph 461,[ which orders medical and psychological treatment,] is to establish this
reparation in favor of the next of kin declared as victims by the Tribunal in paragraphs
336, 337, and 340 and specified in ‘Appendix 2’; and of those identified by virtue of
that stated in paragraph 433(d), within the term established for that effect.” The
Commission added that “this subject is not a matter of interpretation of the judgment,
because it does not respond to the need of precision of a text […] in what refers to that
decided in its operative paragraphs [or] in what refers to the determination of the
scope, sense, and purpose of its considerations.” Finally, it stated that “as long as
there is evidence in the dossier that [Mr. Francisco Alcázar Miranda] in effect resulted
with injuries as a consequence of the facts, it could be necessary to expressly state
that he is a victim and beneficiary of […] reparations.”
Arguments of the common intervener
60.
The common intervener stated her disagreement with some observations of the
representatives and expressed, among other considerations, that “the Judgment is
clear with regard to the number of injured and uninjured parties, however, it left the
possibility open for people not included in the list of the injured parties […] to prove
[said] condition pursuant to the terms of the Judgment.”
Arguments of the State
61.
The State expressed that when issuing its Judgment, the Tribunal “considered it
had enough evidentiary elements to specify the next of kin of the inmates entitled to a
compensation for the violation of their right to humane treatment, in three situations[,
established in paragraphs 336, 337, and 340 and 341 of the Judgment].” According to
paragraph 433(d) of the Judgment only the last of the three situations, which refers to
the next of kin of the inmates victims of solitary confinement and restriction of visits,
may be extended to the inmates’ children that at the time of the facts were under the
age of 18. It stated that “it considers that the next of kin referred to by the State are
those included in Appendix 2 of the Judgment […] and eventually the children of the
inmates verified in the term granted.” Besides, the State understands that the
mentioned 8-month term “was granted to the victims so they may prove their
residency outside of Peru and that they need medical and psychological treatment.”
Finally, it mentioned that “the Court must clarify the exclusion of Francisco Alcázar
Miranda as an injured party and beneficiary […] of the reparations.”
Considerations of the Court
62.
The Court considers that there are doubts that underlie the questions made by
the representatives regarding the scope of that stated in the Judgment on merits,
reparations, and costs and based on this it will proceed to interpret the judgment in
the aspects requested.
18