3
That is, the only recourse available against the Court's decision is the request for
interpretation submitted, as is logical, before the very Court.
For their part, the Court's Rules of Procedure, hereinafter “the Rules of Procedure,”
issued
by
the
Court
1
in accordance with the power granted in the Statute,2 allow specific conducts on the
part of the Court once it has issued a judgment. Thus, in addition to serving notice of the
judgment,3 the Court may issue a judgment on reparations and costs if it has not done
so,4 interpret either or both these judgments,5 monitor compliance therewith,6 and
Approved by the Court during its LXXXV Regular Period of Sessions, held from November
16 to 28, 2009.
1
2
Art. 25: “Rules and regulations. …
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 to the Commission; the victims or alleged
victims, or their representatives; the respondent State; and, if applicable, the petitioning State
….
6. The originals of the judgments 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 on 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: “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.