4
6.
In the request for interpretation, the State enquired whether the amount of
US$5,000 (five thousand United States Dollars) or an equivalent amount in
Guatemalan legal currency, to be reimbursed to Raxcacó-Reyes for legal costs and
expenses, should be paid directly to the representatives of Raxacó-Reyes
(hereinafter “the representatives”), as ordered by the Court in the case of Fermín
Ramírez v. Guatemala,1 or directly to the victim, as ordered in the instant case.
IV
PROCEEDING BEFORE THE COURT
7.
On December 2, 2005, pursuant to Article 59(2) of the Rules of Procedure and
following the instructions of the President of the Court, the Secretariat of the Court
delivered a copy of the request for interpretation to the Inter-American Commission
on Human Rights (hereinafter “the Commission” or “the Inter-American
Commission”) and to the representatives, inviting them to submit any written
arguments they deem relevant up to January 6, 2006. Likewise, the Secretariat sent
a note to the State reminding it that, pursuant to Article 59(4) of the Rules of
Procedure, “[a] request for interpretation shall not suspend the effect of the
judgment.”
8.
On January 6, 2006, the Inter-American Commission filed written arguments
on the request for interpretation by which it stated, inter alia, that “the submission of
the State is in itself an enquiry on an implementation issue.”
9.
On January 6, 2006, the representatives filed written arguments on the
request for interpretation, by which they requested the Court, inter alia, to grant, “in
the instant case, the request for interpretation filed by the State.”
V
ADMISSIBILITY
10.
The Court must now verify whether the terms of the request for interpretation
comply with the applicable rules.
11.
Article 67 of the Convention sets forth that:
The judgment of the Court shall be final and not subject to appeal. In case of
disagreement as to the meaning or scope of the judgment, the Court shall interpret it at
the request of any of the parties, provided the request is made within ninety days from
the date of notification of the judgment.
12.
Article 59 of the Rules of Procedure sets forth, in its pertinent parts, that:
1.
The request for interpretation, referred to in Article 67 of the Convention, may be
made in connection with judgments on the merits or on reparations and shall be filed with
the Secretariat. It shall state with precision the issues relating to the meaning or scope of
the judgment of which the interpretation is requested.
[…]
1
Case of Fermín Ramírez. Judgment of June 20, 2005. Series C No. 126.
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