5
has not been established in the American Convention, or in the Court’s Statute or
Rules of Procedure. As both the Inter-American Commission and the representatives
have observed, the Court notes that the issue raised by the State relates to a potential
event; that is, to a situation that the State supposes could occur in the future: a
decision of the domestic courts absolving State agents of responsibility in this case.
Positing abstract or hypothetical situations bears no relationship to the purpose of an
application for interpretation of judgment. The Court also recalls that, during the
proceedings on merits, based on the proven facts and after examining the arguments
of the parties and the body of evidence, it determined the international responsibility
of the State in this case, and not the individual criminal responsibility of those allegedly
responsible for the facts.
17.
Consequently, in this regard, this application for interpretation is not in keeping
with the provisions of the American Convention and the Rules of Procedure, and the
Court therefore declares it inadmissible.
V
REGARDING THE MEASURES OF RESTITUTION ORDERED IN THE JUDGMENT
18.
The State indicated that the Court “has considered a measure of restitution in a
separate section from the pecuniary damage[;] however, it ordered the return of the
sum of US$7,500.00 [(seven thousand five hundred United States dollars)] to Pelagia
Mélida Contreras Montoya de Cantoral ‘so that she may dispose of it as she deems
pertinent,’ so that, for all practical effects, the rules of pecuniary damage seem to have
been applied, whereas they are not applicable, because, as has been acknowledged,
this amount corresponds to the Mining Federation, of which Mr. Cantoral was the
Secretary General.”
19.
The Commission considered that “since the scope and meaning of the provisions
of paragraph 187 of the judgment are clear, the requested interpretation is not in
order.”
20.
The representatives indicated that this aspect of the judgment “cannot be
interpreted” and that “[w]hen ordering the delivery of US$7,500.00 [(seven thousand
five hundred United States dollars)] to Pelagia Contreras, the Court considered that
she would hand over this sum to the Mining Federation, as she had stated to the
representatives.”
21.
The Court considers that the question raised by the State contains a doubt
about the meaning or scope of the judgment on this aspect; accordingly, it will proceed
to interpret it. When establishing the reparations corresponding to the instant case, the
Court determined the persons who should be considered “injured party” in the terms of
the American Convention and the reparations due. In the chapter of the judgment on
reparations, the Court expressly differentiated the compensation corresponding to
pecuniary and non-pecuniary damage (in section “B. Compensation”) and a measure of
restitution (in section “C. Measure of restitution”). Under the latter heading, in
paragraph 187 of the judgment, the Court ordered the following:
C) Measure of restitution
187.
Finally, regarding the sum of US$7,500.00 (seven thousand five hundred United
States dollars) delivered by the Mining Federation to Saúl Cantoral-Huamaní, which moments
before his death, he left in the hotel where he was staying, and which was seized and judicially
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