In the Velásquez Rodríguez case,
the Inter-American Court of Human Rights composed, in accordance with Article 54( 3 ) of the American Convention on Human Rights, of the following judges:
Héctor Fix-Zamudio, President
Rodolfo E. Piza E., Judge
Pedro Nikken, Judge
Rafael Nieto-Navia, Judge
Rigoberto Espinal-Irias, Judge ad hoc
Also present:
Manuel E. Ventura-Robles, Secretary
pursuant to Articles 67 of the American Convention on Human Rights ( hereinafter " the Convention " or " the American Convention " ) and 48 of its Rules of Procedure delivers the following judgment on the request of the Inter-American Commission on Human Rights ( hereinafter " the Commission " ) for an interpretation of this Court's judgment of July 21, 1989, assessing compensatory damages against the State of Honduras ( hereinafter " Honduras " or " the Government " ).
1. By note of September 29,1989, received at the Inter-American Court of Human Rights ( hereinafter " the Court " ) on October 2, the Commission asked for a clarification of the compensatory damages judgment delivered on July 21, 1989, in the Velásquez Rodríguez case.
2. The Commission invoked Articles 67 of the Convention and 48 of the Rules of Procedure of the Court ( hereinafter " the Rules of Procedure " ).
3. In its request, the Commission asks the Court, in order to protect the purchasing power of the amounts of principal and interest that will accrue in the trust to be established in favor of HECTOR RICARDO, NADIA WALESKA and HERLING LlZZETT VELÁSQUEZ GUZMÁN, to direct that said portion of the damages be indexed in such a ways as to ensure the stability of its purchasing power.
4. On October 25,1989, the Secretariat, acting pursuant to Article 48( 2 ) of the Rules of Procedure, communicated the Commission's request to the Government and invited it to submit its written observations within a period of thirty days.
5. In a communication dated November 21, 1989, the Government deemed the Commission's request inadmisible, expressing the opinion that the judgment is clear and requires no interpretation and that to accept such a request would involve an amendment to that judgment.
6. On july 6,1990, the Commission submitted a request for amplification of the petition for clarification of the judgment which refers to the material consequences resulting from the Honduran Government's failure to pay the damages stipulated in the judgment by the due date-that is, before October 20, 1989-which has given rise to a new situation which requires, authorizes and justifies the instant request for amplification of the petition for clarification at this point in time.
7. The Commission's communication was transmitted to the Government on July 11, 1990. The Government was also informed that the President had set August 10, 1990, as the deadline for receiving the Government's observations regarding that communication.
8. The Government submitted its observations within the time set by the President and asked the Court to reject the Commission's request.
9. On August 14, 1990, the Government presented a photocopy of Decree Number 59-90, published in the Republic of Honduras " La Gaceta " of July 21,1990, which authorized the payment of the damages decreed by the Court in its Judgment of July 21, 1989. The cover letter stated that the amount in question has not been delivered to the interested parties because they are awaiting the results of the public hearing to be held on this date.
10. On that same date, the Court held a public hearing in order to hear the views of the parties regarding the Commission's request.
The following persons appeared before the Court:
a ) for the Government of Honduras
Ambassador Edgardo Sevilla-Idiáquez, Agent
b ) for the Inter-American Commission on Human Rights
Dr. Gilda M.C.M. de Russomano, Delegate and Member
Dr. Jorge Seall-Sasiain, Delegate.