7
deliberation and signature of the judgment in the instant case, in
accordance with the two procedural stages established in Article 14 of
the Rules of Procedure: the public hearing and the deliberation and
subsequent decision in a case. In this respect, “[i]t is evident that
the right to participate in the deliberations corresponds to all the
judges and that this right is not limited, as the State claims, to those
judges who were present at the hearings.” In other words, in the
norms that regulate proceedings before the Court, there is no
prohibition regarding the impossibility of a judge who has not
participated in the public hearing participating in the deliberation,
decision and voting of a case; and
c)
Concerning the fact that not all the judges signed the judgment, so
that, according to the State, the facts and their legal consequences do
not reflect the unanimous opinion of the judges, Article 23 of the
Statute and Article 13 of the Rules of Procedure, establish the quorum
necessary for the Court’s deliberations, which, in its request for
interpretation, the State acknowledges was respected in the judgment.
Moreover, according to Article 15 of the Rules of Procedure, it is not
necessary for the judgment to be adopted unanimously, but only by
the majority of the judges present for the voting of a case.
Arguments of the representatives of the victims
21.
The representatives of the victims requested the Court “to reject the request
for interpretation of the judgment on preliminary objections, merits and reparations
delivered by [the Court] in this case on June 7, 2003, filed by the State of
Honduras”; however, it made the following observations with regard to the State’s
arguments on the composition of the Court:
a)
Regarding “the absence of the signature of all the judges of the
Court,” they indicated that Article 24 of the Statute established the
quorum for any decisions taken by the Court, and in the instant case
this was respected at all times; and
b)
In the press communiqués relating to the public hearing and the
judgment, the Court described the participation by Judge Pacheco
Gómez. In the latter procedural opportunity, Article 57 of the Rules of
Procedure indicates that judgments shall be signed by all the judges
who participated in the voting or, even, only by the majority of the
judges present. In this case, the judgment is in keeping with the
provisions of the Convention, the Statute and the Rules of Procedure,
and is also consistent with the constant practice of the Court in its
judgments; accordingly, it cannot be understood that there has been
an “outrage, by claiming that Judge Pacheco Gómez has been present
in the hearings when he was not.”
Considerations of the Court
22.
Article 19(3) of the Rules of Procedure indicates that:
When, for any reason whatsoever, a judge is not present at one of the hearings or at
other stages of the proceedings, the Court may decide to disqualify him from continuing
to hear the case, taking all the circumstances it deems relevant into account.
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