For their part, the Rules of Procedure of the Court, hereinafter the Rules, dictated by
the Court itself,1 by virtue of the rights granted by the Statute,2 provide for specific
actions of the Court once the judgment in question has been delivered. In addition to
communicating judgments,3 it can hand down a judgment on reparations and costs,
and, if it has not already done so,4 interpret these rulings,5 monitor compliance,6 and
amend obvious mistakes, clerical errors, or errors in calculation.7 That is all that the
Court can do regarding a judgment it has delivered, not simply because of the principle
that in public law only that which is permitted by standards may be done, but also in
1
Approved by the Court during its LXXXV Regular Period of Sessions, held from November 16 to 28, 2009.
Art. 25: “Rules and Regulations of Procedure. …
3. The Court shall also draw up its own Regulations.”
3
Art. 67: “Delivery and Communication of the Judgment.
1.When a case is ready for judgment, the Court shall deliberate in private and approve the judgment, which shall be
notified by the Secretariat of the Commission; the victims or alleged victims, or their representatives; the respondent
State; and, if applicable, the petitioning State.
….
6. The originals of the judgment shall be deposited in the archives of the Court. The Secretary shall dispatch certified
copies to the States Parties; the Commission; the victims or alleged victims, or their representatives; the respondent
State; the petitioning State, if applicable; the Permanent Council through its Presidency; the Secretary General of the
OAS; and any other interested person who requests them.”
4
Art.66: “Judgment on reparations and costs.
1. When no specific ruling on reparations and costs has been made in the judgment o the merits, the Court shall set the
date and determine the procedure for the deferred decision thereon. ….”
5
Art. 68: “Request for Interpretation.
1. The request for interpretation referred to in Article 67 of the Convention may be made in connection with judgments
on preliminary objections, on the merits, or on reparations and costs, and shall be filed with the Secretariat. It shall state
with precision questions relating to the meaning or scope of the judgment of which interpretation is requested.
2. The Secretary shall transmit the request for interpretation to all those participating in the case and shall invite them to
submit any written comments they deem relevant within the time limit established by the Presidency.
3. When considering a request for interpretation, the Court shall be composed, whenever possible, of the same Judges
who delivered the judgment whose interpretation is being sought. However, in the event of death, resignation,
impediment, recusal, or disqualification, the judge in question shall be replaced pursuant to Article 17 of these Rules.
4. A request for interpretation shall not suspend the effect of the judgment.
5. The Court shall determine the procedure to be followed and shall render its decision in the form of a judgment.”
6
Art. 69: “Procedure for Monitoring Compliance with Judgments and Other Decisions of the Court
1. The procedure for monitoring compliance with the judgments and other decisions of the Court shall be carried out
through the submission of reports by the State and observations to those reports by the victims or their legal
representatives. The Commission shall present observations to the State’s reports and to the observations of the victims
or their representatives.
2. The Court may require from other sources of information relevant data regarding the case in order to evaluate
compliance therewith. To that end, the Tribunal may also request the expert opinions or reports that it considers
appropriate.
3. When it deems it appropriate, the Tribunal may convene the State and the victims’ representatives to a hearing in
order to monitor compliance with its decisions; the Court shall hear the opinion of the Commission at that hearing.
4. Once the Tribunal has obtained all relevant information, it shall determine the state of compliance with its decisions
and issue the relevant orders..
5. These rules also apply to cases that have not been submitted by the Commission.”
7
Art. 76: “Rectification of errors in judgments and other decisions.
The Court may, on its own motion or at the request of any of the parties to the case, within one month of the notice of
the judgment or order, rectify obvious mistakes, clerical errors, or errors in calculation. The Commission, the victims or
their representatives, the respondent State, and, if applicable, the petitioning State shall be notified if an error is
rectified.”
2
3