Judgment, the Court ordered the State to "pay the amounts still owed, directly to the victims
whose names are listed in Annex 1 or to their successors as defined by applicable domestic
law”. Thus, the Court notes that the issue was decided in the Judgment, and it is not possible
to seek the modification of the reparation measure ordered through the pleadings on a
request for interpretation. Without prejudice to the foregoing, it is an issue that can be raised
during the monitoring of compliance with the Judgment.
20. In conclusion, this Court interprets that the term "installment" should be understood
as equivalent to "portion" in the sense that the payment of the totality of the amounts
established in this Judgment as a restitution measure may be made in three installments,
with the first installment to be paid no later than December 21, 2022; the second, no
later than December 21, 2023; and the third, no later than December 21, 2024.
B.
On the criteria for payment of restitution and compensation, and
reimbursement of costs and expenses
B.1. Arguments of the parties and of the Commission
21. The State alleged that there is lack of precision in the criteria established regarding
payments ordered in the Judgment. It indicated that paragraph 232 of the Judgment
establishes the time period and the particular criteria for updating the amounts ordered
as a restitution measure. However, it argued that the eighth operative paragraph, which
refers to the payment of compensatory damages and reimbursement of costs and
expenses, also indicates that it must be made pursuant to paragraphs 232 to 238 of the
Judgment. Likewise, it argued that paragraph 233 mentions the one-year term within
which the payment of compensation for non-pecuniary damage and the reimbursement
of costs and expenses must be made, without referring to the restitution payment.
However, the fourth operative paragraph on the restitution measure sets out that
paragraph 233 was also applicable to it. It further noted that paragraphs 234, 235 and
238 made general reference to "the respective amount", "the monetary obligations" or
"the amount owed", without specifying which amounts were referred to. Chile also
requested clarification as to whether paragraph 236 also applies to the restitution
payment or only to the compensatory payment. To sum up, Chile requested that, for
each of the measures ordered in the fourth and eighth operative paragraphs, the criteria
that should be applied to make such payments be specified.
22. The representatives replied that the modality of compliance with the payments
ordered, depending on the nature of the payment, should be understood as that which
is most aligned with the Judgment itself, in terms of ensuring payment through a
regulated and progressive mechanism for full and timely compliance. Thus, they
considered that the reference made in the operative paragraphs referring to payments
should be understood as the type of payment described and not to any other,
maintaining as common modalities, those that effectively have that nature, according to
paragraphs 232 to 238. They added that the request for interpretation is improper, since
there is no disagreement on the meaning or scope of the Judgment, since the Court has
resorted to criteria common to other Judgments, which have gone through the
compliance phase without difficulties.
23. The Commission observed that clarifying the points raised by the State can
facilitate the process of monitoring compliance with the judgment and expedite
compliance with the reparation measures, which is extremely important in the instant
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