4
Lntemational Court of Justice5 and Article 80 ( l) of the Rules of the European
Court of Human Rights. 6
16.What is even more fundamental is the fact that these three instruments refer
to the existence of a new "fact" and not to a new "evidence", which is quite
different; they also provide for two other important conditions, that the party
applying for revision did not negligently ignore the new factand that this new
fact should be of such a nature as to be a ''decisive factor" on the verdict of the
matter decided by the disputed judgment.
17. In my view, these questions relating to the meaning lo be given to Article 28
(3) of the Protocol and Rule 67 ( L) of lhe Rule sougbl to have been given at least
as much attention by the Court as the question relating to the meaning to be
given to Article 28 ( l) of the Protocol and Rule 59 (2) of the Rules, relating to
the 90 days deadline in which the Court must render its judgments.
18. Lastly, 1 would like to underline that in the operative part of the judgment,
the Court decided to reject the application for interpretation whereas in its
reasoning it made a decision on two ofthe nine "'points" contained in the request
of the Applicant.
Fatsah Ouguergouz
Judge
Robert Eno,
Registrar
5
«An application for revision of a judgment may be made only when it is based upon Lhe
discovery of some fact of such a nature as to be a decisive factor, which fact was, when the
judgment was given. unknown to U1e Cuurl and also to the party claiming revision, always
provided that such ignorance was not due to negligence».
6
«A party may, in the event of tbe discovery of a fact wbich might by its nature have a
decisive influence and which, when a judgment was delivered, was unknown to the Court and
could not reasonably have been known to U1a1 party, request lhe Coun, wiihln a period of six
months after that pruiy acquired knowledge of the fact, to revise that judgment>>. The
American Convention of Human Rights, the Statute as well as the Rules of the lnterAmerican Court of Human Rights, do not contain provisions dealing with revision of
judgments; these three instruments make reference only to the issue of interpretation of
judgments.