12
34.
That, even though there has been progress as to the negotiation of the place and the
manner to carry out the act, it is evident the delay in its completion, taking into account
that this obligation should have been complied with within the term of six months as of
notice of the Judgment. Furthermore, it is necessary to emphasize that the effective
compliance with this obligation must not depend on the payment of the compensations or
on any other pending obligation. The will of the victims’ next-of-kin was expressed within
the framework of the private hearing; therefore, the Tribunal urges the State to complete
this measure as soon as possible and takes note that the State undertook to organize such
act for Friday, December 11, 2009.
*
*
*
Publication of the Judgment
That in relation to the obligation to publish in the official gazette and in
another newspaper with widespread national circulation several parts of the Judgment
(operative paragraph eight of the Judgment), the State furnished the documentation
proving the publication of the parts of the Judgment in the Official Gazette, together with
the missing chapter in the publication of September 17, 2008, of Official Registry N° 180. In
addition, during the hearing, the State informed that the last September 23, “it was
published the paragraphs required in La Nación newspaper, [...] of great circulation" and it
also furnished evidence to that end. Moreover, apart from that, the judgment was read in
radio shows, since the society has broad access to them.
35.
36.
That the representatives stated that the publication was effectively made in the
Official Gazette as well as in La Nación newspaper, as mentioned by the State. The
Commission made no observations in that regard.
37.
That this Court notes that, according to the terms of the Judgment, the State must
have published the pertinent parts of the Judgment within the term of six months. The
representatives informed the said parts have been published, and that the State furnished
the evidence proving it. In this sense, this Court positively values what was informed and
considers that the State has fully complied with this provision.
*
*
*
Appropriate treatment for the victims’ next-of-kin
38.
That as to the obligation to provide all the next- of- kin of the disappeared victims
with appropriate treatment (operative paragraph nine of the Judgment), the State informed
during the hearing that on November 24, 2008, the Ministry of Public Health and Social
Welfare issued the identity cards by means of which the victims’ next-of-kin have access to
all national public health services and to medicines, free of charge. That, afterwards, on the
last September 24, the Minister of Health, by means of a note addressed to the victims’
representative and because the delivery of the cards presented difficulties, communicated
that said cards were at the offices of the Ministry. In relation to this aspect, the State also
indicated that given that the Judgment stipulates "the consent of the victims", it requests
the representatives to give their opinion regarding the “approach” that they claim from the
State.