the student called Tembo who was one of the complainants
against the Applicant. So, the Applicant wants to know whether
or not the Court resorted to Rule 44 D4 of the Rules of the
European Court of Human Rights in making that determination.
f) Interpretation of the date of the judgment in terms of Art 28(1) of
the Protocol and Rule 59(2) of the Rules of Court:
The two cited provisions require the Court to give judgment
within ninety (90) days after deliberation. The Applicant wants to
know whether it was within the province of the Court to deliver
the judgment on 21 June, 2013, instead of 10 June, 2013.
g) Interpretation of the date of judgment in terms of Art 15(2) of the
Rules of Procedure of the IACHR:
The Applicant points out that whereas nine judges heard the
case in Mauritius the judgment indicates that it is by a majority of
seven to three, that is, a total of ten judges.
h) Interpretation of the judgment in terms of Art 30(3) of the Rules of
Procedure of the IACHR and Rule 36 of the Rules:
In paragraph 29 of the judgment the Court made a finding that
the Applicant had not refuted the Respondent's submission
regarding the relationship of Justice Tembo and student Tembo
contained in documents “Malawi 1” and “Malawi 2” which were
sent
to
him
on
30
November,
2012.
He
asks
“How
can
one
respond to a document that | don’t know the content?”
5. The Applicant has correctly referred to Rule 66 of the Rules but the
authority for that Rule is Article 28(4) of the Protocol which reads:
“4. The Court may interpret its own decision”.
For its part, Rule 66 reads:
“7. Pursuant to Article 28(4) of the Protocol, any party
may, for the purpose of executing a judgment, apply to the
Court for interpretation of the judgment.
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