it has not done so already,4 interpret its original judgment and/or the latter ruling,5
monitor compliance with its judgments,6 and rectify any obvious mistakes, clerical
errors, or errors in calculation it may have made.7 This, then, is all the Court can do
with regard to the judgment it has delivered and it is based, not only on the principle
that, under public law, one can only do what the law permits, but also on the principle
of legal certainty involved in the handing down of the judgment, which signifies that it
is final also for the court that has delivered it.
Thus, logically, it should be understood that the monitoring of compliance with
judgments established in the Rules of Procedure is for the purpose established in
Articles 65 of the Convention and 30 of the Statute; in other words, so that, in its
annual report to the OAS General Assembly, the Court can indicate the States that
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 President, 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.
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.
7
These provisions also apply to cases that have not been submitted by the Commission.”
Art. 76: “Rectification of errors in judgment and other decisions
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