I
REQUEST FOR INTERPRETATION AND PROCEEDINGS BEFORE THE COURT
1.
On June 30, 2022, the Inter-American Court issued a judgment in this case, and so
notified the parties and the Inter-American Commission on Human Rights (hereinafter also
"the Commission") on October 4 of the same year.
2.
On January 9, 2023, the representatives submitted a request for interpretation
regarding the scope of the twelfth and seventeenth operative paragraphs of the judgment.
3.
On January 27, 2023, pursuant to Article 68(2) of the Rules of Procedure and following
the instructions of the Presidency of the Court, the Court’s Secretariat forwarded the request
for interpretation to the Federative Republic of Brazil (hereinafter “the State” or “Brazil”) and
to the Inter-American Commission, granting them until February 27, 2023, to submit any
written observations they considered pertinent. The State submitted its written observations
on February 27, 2023. For its part, the Commission did not submit any observations.
II
JURISDICTION
4.
Article 67 of the American Convention establishes that:
The judgment of the Court shall be final and not subject to appeal. In case of disagreement as to
the meaning or scope of the judgment, the Court shall interpret it at the request of any of the
parties, provided the request is made within ninety days from the date of notification of the
judgment.
5.
Pursuant to the above article, the Inter-American Court is competent to interpret its
judgments. According to Article 68(3) of the Rules of Procedure, when examining requests for
interpretation and making decisions in this regard, the Court shall be composed, whenever
possible, of the same judges who delivered the original judgment. On this occasion, the Court
is composed of the same judges who handed down the judgment whose interpretation has
been requested by the representatives.
III
ADMISSIBILITY
6.
It is the responsibility of the Court to verify whether the request presented by the
representatives meets the requirements established in the rules applicable to a request for
interpretation of judgment, namely, Article 67 of the Convention and Article 68 of the Court’s
Rules of Procedure. Furthermore, Article 31(3) of the Rules of Procedure establishes that
“[j]udgments and orders of the Court may not be contested in any way.”
7.
The Court notes that the parties were notified of the judgment on October 4, 2022,
and that the representatives submitted their request for interpretation on January 9, 2023,
within the 90-day period established in Article 67 of the Convention. Consequently, the
request is admissible as far as the deadline for its submission is concerned. Regarding the
other requirements, the Inter-American Court will analyze the merits of the request in the
following chapter.
2