its members, in general or on specific matters, established in writing in the
collegiate ruling or in the individual opinions.
42.
What the Court should establish with the formality and objectivity
characteristic of a tribunal, is the need to summon a hearing based on the lack of,
insufficiency, or extreme complexity of the elements of judgment available for the
sole and exclusive purpose of this stage: interpret the judgment. If this could not
be carried out with the available elements, it would be necessary to hold the
hearing, which in no case would seek to revise the aspects of merits and modify the
judgment. If the interpretation could be made with said elements –both the
judgment itself on merits as well as the arguments of the parties with regard to the
interpretation—it would not be necessary to hold one. In this case the Court could
decide considering their written contributions. Of course, I am referring to
contributions regarding the sense of the text subject to interpretation, not about
the merits of the case, already analyzed extensively, debated in detail, and clearly
decided.
43.
The majority of the Court adopted the decision to do without the hearing
and decide on the requests for interpretation as it did so with the ruling to which I
am enclosing this opinion. For this it took into account –and so it stated—“the
arguments of the parties that refer to aspects of law and their characteristics,
whose nature and scopes can be clearly concluded from the claims presented by
those requesting the interpretation.” It is obvious that a hearing was not required
to reiterate the arguments expressed in writing, encourage disputes regarding
contentious matters tended to, or analyze the sense of words well defined pursuant
to their ordinary meaning.
44.
As stated at the beginning of this text, my opinion is limited to expressing
my own points of view and in no way do they question other opinions, and much
less the general direction of the decisions of the Court. One and the other deserve
the respect with which I have always expressed, publicly and privately, my
coincidences and my discrepancies. Anything different would be inappropriate of a
judge and would not correspond to the way in which I have invariably expressed
my point of view.
Sergio
García
Ramírez
Judge
Pablo Saavedra Alessandri
Secretary