State argues that it makes this consultation in order “not to send ambiguous, or
wrong, messages to the totality of the population in the sense of tolerating, backing, or
vindicate people committed with Sendero Luminoso or even do so in favor of said
group, characterized by its terrorist methods and practices […].”
52.
The Court considers it pertinent to state that the meaning of this measure of
reparation is to inform of the truth of the facts that were examined by the Tribunal in
the present case in order to avoid their repetition in the future; facts for which the
State acknowledged its international responsibility in its response to the application, in
the public hearing, and in the brief of final arguments. The considerations related with
the compliance of this reparation measure, its modality and how to reach the objective
sought by the same, may be submitted to the Court’s consideration by the State in the
process of supervision of compliance of the Judgment and be assessed by the Tribunal
in said proceeding.
*
*
*
Compensations
53.
With regard to that argued by the State on the possibility that the creditors,
third parties, and the State itself present a legal action against any of the beneficiaries
of the economic reparations for previous debts they may have (supra para. 30(b)),
first of all the Tribunal recalls that in its Judgment it ordered, as it has done invariably,
that the amounts assigned as compensation and reimbursement of costs and expenses
not be affected or conditioned by tax reasons. This constitutes a supposition of fact
different to the question presented by the State. In this sense, the Court observes that
the possible debts the people that accessed to the Inter-American system may have
within their domestic legislation and the legal actions their private creditors, whether
private or public, may present against them are matters foreign to the international
process before this Tribunal that the State must solve pursuant to its domestic law.
54.
In reference to that requested by the State with regard to the modality of
compliance of the economic reparations (supra para 30(a)), the Tribunal warns that in
said aspect of the request for interpretation it is not asked to clarify the sense or
precise the scope of said part of the Judgment, but instead it is asked to revise and
modify what was established and ordered in that decision. The State itself expressed
its claim of modification upon indicating that “[…] the cornerstone of [its] argument
[…], respectfully seeks a change in the modality of compliance of some of the
operative paragraphs […].” (emphasis added). The Court lacks the power to solve said
aspect of the request for interpretation, since Articles 67 of the Convention, 29(3) and
59 of the Rules of Procedure do not permit it. The Tribunal will consider the matters
related with this reparation measure that may be the object of the procedure of
supervision of compliance with the Judgment in a timely manner.
*
15