Statute only mentions the annual report 9 and, in turn, the Rules of Procedure regulate
the judgment on reparations and costs, 10 the interpretation of the judgment,11 the
monitoring of compliance with the judgments and other decisions of the Court 12 and
the correction of notorious errors regarding edits or calculations.13 It must be stated
that, particularly given the request made by Mr. May Cantillano that precautionary
measure be decreed “during the implementation stage” that in the rules of procedure
regarding monitoring of compliance, the possibility of rendering provisional measures
is also not established.
In sum, based on the principle of public law that only what is established by law can be
done and considering that the Court does not have the power to render provisional
measures once a final and not subject to appeal ruling has been rendered by the
9
Art. 30 Statute of the Court: “The Court shall submit a report on its work of the previous year to each
regular session of the OAS General Assembly. It shall indicate those cases in which a State has failed to
comply with the Court's ruling. It may also submit to the OAS General Assembly proposals or
recommendations on ways to improve the inter-American system of human rights, insofar as they concern
the work of the Court.”
10
Art. 66: “1.When no specific ruling on reparations and costs has been made in the judgment on the
merits, the Court shall set the date and determine the procedure for the deferred decision thereon.
2. If the Court is informed that the victims or their representatives, the respondent State, and, if applicable,
the petitioning State have reached an agreement with respect to the execution of the judgment on the
merits, it shall verify that the agreement accords with the Convention and rule accordingly.”
11
Art. 68: ““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.”
12
Art.69: “ 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.”
13
Art.76: “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.”
3