DIFFERENT TO THE COMMON INTERVENER)
Request for interpretation of the representatives
58.
In their request for interpretation, the representatives stated their position with
regard to the determination of the people considered victims in the Judgment
indicating the following:
a) in paragraph 433(d) the Judgment granted an 8-month term to the inmate’s
children that at the time of the facts were under the age of eighteen so they
could prove their condition of victims before the domestic authorities. The
representatives requested that “[…] it be clarified if the 8-month term referred
to in paragraph 433(d) of the judgment” extends also to the next of kin “that
were not determined in appendix 2 of the Judgment,” so “they may prove
before the competent authorities of the Peruvian state within an 8-month term
that they comply with the suppositions established [in the Judgment in
paragraphs] 336 [next of kin of the inmates that visited hospitals and morgues
looking for them] and 340 [next of kin of the inmates victims of solitary
confinement and visitation restrictions that were not children under the age of
18 of inmates] and therefore receive the corresponding reparations;”
b) “there is doubt […] regarding which of the victims’ next of kin are specifically
considered by the Court as beneficiaries of the medical and psychological
treatment,” since 1) the Tribunal mentions that the beneficiaries of these
measures are “victims and their next of kin”, without making reference to a
specific group of victims, or limiting the category of the next of kin, or making
reference to any appendix, and 2) the next of kin mentioned in appendix 2 of
the Judgment were declared victims, reason for which “it does not seem that
the treatment should be limited only to them since in that case it would have
been enough for the Tribunal to grant it to the ‘victims’, ,instead of ‘victims and
their next of kin’.” Therefore, the representatives requested it clarify that who
should receive the medical and psychological treatment ordered are “all the
next of kin of the deceased victims and survivors.” Finally, they ask the Court to
clarify that the 8-month term to prove the condition of next of kin is applicable
to all relatives, pursuant to that previously stated; and
c) despite the fact that the injuries suffered and the condition of surviving inmate
of Mr. Francisco Alcázar Miranda were proven, his name does not appear in
appendix 2 of the Judgment; therefore, they requested that if be “clarified if the
mentioned exclusion […] was due to a typographical error or an involuntary
omission and that therefore he must be included […] in the list.”
Arguments of the Commission
59.
The Commission stated that the Judgment “clearly determined which of the
next of kin were considered victims and were therefore named in Appendix 2 of the
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