6
requests the agent appointed by the State to abstain from using this type of
language in future.
V
THE COMPOSITION OF THE COURT
Arguments of the State
19.
With regard to the judgment in this case and the composition of the Court
when delivering it, the State indicated that:
a)
The judgment was not reasoned. In this respect, it alleges that “the
[j]udgments that [the] Court should deliver must be reasoned; in
other words[,] it is imperative that the facts and their legal
consequences should be stated with the corresponding reasoning, and
they should reflect the unanimous opinion of the judges, which did not
occur in the instant case”;
b)
Moreover, Judge Pacheco Gómez signed the judgment, and “he was
not present, did not attend, and did not participate in any of the
hearings of the corresponding oral proceeding, [in other words] he did
not hear the arguments or participate when evidence was adduced,” a
procedure that violates the principle of immediacy; and
c)
Lastly, it asserted that, according to the Rules of Procedure and the
Statute of the Court, “five members of the Court make quorum;
therefore, it d[id] not understand this outrage (sic)” with regard to
what occured in the case of Judge Pacheco Gómez.
Arguments of the Commission
20.
The Commission requested the Court “to reject the request for interpretation
presented by the Honduran State” and to call upon the State to comply immediately
with all the elements of the judgment of June 7, 2003, in accordance with Article
68(1) of the American Convention. In its observations, the Commission referred to
the “State’s questioning of the principle of procedural immediacy” and indicated that:
a)
Article 57(3) of the Rules of Procedure of the Court establishes that
judgments shall be signed by all the judges who participated in the
voting, and that a judgment signed by the majority of the judges and
the Secretary shall be valid; in the case sub judice, from examining
the first page of the judgment of June 7, 2003, it can be verified that
Judge Pacheco Gómez was part of the composition of the InterAmerican Court “and[,] therefore, participated in its deliberation,
decision and signature”;
b)
The absence of Judge Pacheco Gómez from the one hearing on the
case does not imply that he was impeded from participating in the
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