4
8.
The State pointed out that it recognized the jurisdiction of the Court on June 6,
1995, and that paragraph 2 of said acknowledgment provided as follows:
The Government of El Salvador, in acknowledging jurisdiction, states that acceptance
thereof is made […] with the caveat that [...] the cases where [...] jurisdiction is
acknowledged may solely and exclusively involve legal acts and events that are subsequent
to, or legal acts and events whose performance or occurrence commenced after [...] the
date of the deposit of this Declaration of Acceptance, […]
Therefore, the State maintained that its declaration and “reservation” have a broader
scope than that asserted by the Court. Further, it stated that the "reservation" is
aimed at excluding "the legal acts or events whose performance or occurrence
commenced before [...] the established deadline […], and that produce effects after
such date […], since their main characteristic is that they commenced before [the date
of acceptance] and continue over time as a consequence of the initial act. These legal
acts or events may not be isolated as they cannot stand on their own without being
based upon the main event, which is not subject to the jurisdiction of the Court”. In
this regard, the State requested a clarification as to the criteria used by the Court to
hold an event to be “independent” or a “specific violation”, since the facts the Court
decided to rule on result from the same issue over which the Court determined it had
no jurisdiction.
9.
The Commission noted that, in the Judgment, despite acknowledging its lack of
jurisdiction regarding the death of Mr. García-Prieto, the Court considered that “during
the course of a legal proceeding –which is only one composed of various stagesindependent events may take place that [may] constitute separate and specific
violations that [may involve] a denial of justice”. The Commission stated that the Court
“considered the arguments submitted by the parties […] and ruled on them in [the
J]udgment”. Therefore, it held that “the request of the State is aimed at challenging
the decision of the Court and does not constitute a proper request for interpretation of
the Judgment.”
10.
The representatives stated that El Salvador did not request any clarification of
obscure or unclear points in the Judgment; on the contrary, the State “seeks to have
the Tribunal’s decision about its jurisdiction ratione temporis to hear the matter before
it reversed”. Therefore, the representatives requested that the State’s request be
dismissed on the grounds that it was using the request for interpretation as a means of
challenging the decision and, consequently, it submitted to the consideration of the
Court issues of fact and of law on which the Court had already rendered a decision.
11.
The Court held in the Judgment on the merits that:
43.
The Court has already explained that a legal proceeding –that is only one
composed of various stages- independent events may arise which may constitute specific
and separate violations involving a denial of justice.
44.
Therefore, the time limitation set by the State in recognizing the jurisdiction of the
Court lacks any effects regarding any independent events that may amount to specific
violations within the jurisdiction ratione temporis.
45.
The Court has jurisdiction to examine, in the light of the content of Articles 8(1)
and 25(1) of the Convention, the acts or omissions occurred during the course of police or
judicial proceedings, and that may be characterized as “separate events” and that occurred
within the jurisdiction ratione temporis of the Court; i.e. after June 6, 1995. […]