21
51.
The Commission stated that “it consider[ed] the questioning [of reparations]
inadmissible, because [this does not constitute the purpose] of a request for
interpretation.” However, it made the following observations on this point:
a)
The State’s argument that the compensation imposed by the Court is
“discretional and arbitrary” is a direct questioning of the content of the
judgment, which is contrary to the definition of the figure of
interpretation of judgment established in the Convention. Regarding
the amount of the compensation, the criteria used by the Court for
pecuniary and non-pecuniary damages “are abundant and absolutely
clear” and are included in paragraphs 158 to 178 of the judgment. In
this respect, “it is plain that, in its request, the State did not assert a
doubt to be clarified in the terms of Article 68(1) of the Convention,
but an evident disagreement about the amounts established by the
Court and, with regard to which, it is basically seeking a modification
using a mechanism that is not contemplated by the American
Convention, and which should be rejected summarily” by the Court;
b)
The State’s procedural objection based on the merging of the stages of
the proceeding before the Court “disregards one of the central
objectives of the [...] latest reform of the Rules of Procedure of [the
Court], which consists in ensuring greater promptness and flexibility to
the proceeding[, …] and which establishes as a general principle that
the Court shall rule [...] on the merits of the case and also on
reparations and costs in the same judgment”;
c)
The Rules of Procedure of the Court, contrary to those of the
Commission, do not include a special procedure for the negotiation of
a friendly settlement between the parties, but recognize their capacity
to agree on a friendly settlement and, should they reach an
agreement, authorize the Court to strike the case from its list, in
accordance with Article 53 of the Rules of Procedure;
d)
“The purpose of compensation is to achieve the reparation or restitutio
in integrum of the damage effectively suffered owing to the fact that
violated the human rights” and, in this respect, Article 63(1) of the
American Convention establishes “ample discretion with regard to
reparation, which is not subject to procedural analyses or to limitations
as regards the relationship with the victim of those who have
effectively been affected”;
e)
Consequently, the Court considered that the expression “next of kin of
the victim” should be understood as a broad concept encompassing all
those persons connected by a close relationship, who could have the
right to receive compensation, without considering domestic law in this
sphere. The interpretation of this norm has allowed the Court to
include companions or any other person in this category, according to
the circumstances of the case; and
f)
No interpretation is necessary as regards the persons against whom
the violations were committed or the criteria for determining the
beneficiaries of the reparations “in view of the manifest clarity” of
paragraphs 155 and 156 of the Court’s judgment on this point.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos