alleged surviving victim, since he had been included in a brief of one of the groups of
representatives provided by the common intervener as appendix to her brief of
pleadings, motions, and evidence. The representatives provided the Court with the
original complaint presented before the Inter-American Commission in which the name
of Mr. Francisca Alcázar Miranda appears as one of the inmates in the Prison at the
time of the facts and who presented “beatings to the face and chest” as evidence to
facilitate adjudication of the case.
70.
The Court observes that due to a material error Mr. Francisco Alcázar Miranda
was not included in Appendix 2 of the victims of the Judgment. Mr. Alcázar Miranda
should have appeared in the mentioned Appendix 2, in his condition of surviving
inmate, in detriment of who the Tribunal declared the violation of Articles 5(1) and
5(2) of the American Convention on Human Rights, in relation to Article 1(1) of said
treaty, and in connection with Articles 1, 6, and 8 of the Inter-American Convention to
Prevent and Punish Torture. Based on the aforementioned, and to the effect of
establishing the reparations the determination established in paragraphs 425 and
433(c) are applied to Mr. Francisco Alcázar Miranda in what is appropriate. The terms
established therein will be computed, only in his case, as of the notification of the
present Judgment of interpretation.
VI
OPERATIVE PARAGRAPHS
71.
Therefore,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS
Pursuant with Article 67 of the American Convention on Human Rights and Articles
29(3) and 59 of the Rules of Procedure,
DECIDES:
Unanimously,
1.
To declare admissible the request for interpretation of the Judgment on merits,
reparations, and costs in the Case of the Miguel Castro Castro Prison presented by the
State.
2.
To determine the sense and scope of that stated in the Judgment on merits,
reparations, and costs in the terms of paragraphs 36 to 57 of the present Judgment of
interpretation.
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