13
judgment, whose interpretation it is requesting,” by asserting that it is
based on mere appreciations or presumptions.
Therefore, “this
request is itself inadmissible”;
b)
The “relevant fact” referred to by the State, namely, the nonparticipation of members of the Army in what happened to Juan
Humberto Sánchez, which the State alleges would justify the appeal
for review procedure, because it emerged after the application and its
answer, which it therefore qualifies as fraudulent (supra 34.c, “does
not constitute a new and decisive juridical fact, of which the InterAmerican Court was unaware when it delivered judgment.” Similarly,
the evidence to which the State refers and which it contested during
the public hearing and in its final written arguments, was examined by
the Court at the proper time, and the Court determined that it did not
have sufficient elements to verify whether or not the item of evidence
was authentic. Therefore, the Court did not take it into consideration
within the body of evidence of the case; because there were
“numerous items of evidence that proved that [the State] had violated
the human rights”;
c)
Regarding the State’s observation that “the Court did not agree to
issue an order for helpful evidence, requesting information or verifying
by scientific means the veracity of the ‘document’ [attachment 1 of the
application] which the State had contested as false,” the Commission
observes that the Court did not take this document into account within
the body of evidence of the case and that this type of legal decision is
optional and not obligatory for the Court. Therefore, this document, to
which the Court did not assign any probative value, cannot justify the
review of a ruling that has already acquired the status of an
international res judicata;
d)
In relation to the State’s rejection of the argument concerning the
existence of a pattern of disappearances at the time of the facts of the
case, the Commission indicated that the State had the procedural
opportunity to assert its objection or disagreement. In this respect,
the Commission alleged that the Court has established that the
interpretation of a judgment is designed to clarify or explain a judicial
decision and not to review or modify issues that have already been
decided. In particular, the Commission indicated that the Court gave
probative value to the book “Los hechos hablan por sí mismos,”
prepared by the Honduran National Human Rights Commission, in its
official character and in the exercise of its constitutional functions, with
regard to the pattern of forced disappearance. The case of Juan
Humberto Sánchez was included in this document “because it was
considered symbolic and [because] it showed that, even in July 1992,
when the facts of the case occurred, there were still remnants of State
disappearances, which had been State practice in the 1980s in
Honduras”; and
e)
Lastly, the Commission indicated that it was for the Court to determine
the applicable criteria for assessing evidence in each case and, for an
international court, the criteria for assessing evidence were less formal
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