12
45.
That in the brief of February 24, 2009, the representatives referred to the
importance of the State to report on the processes conducted to comply with paragraph
121 of the Judgment, relating to those beneficiaries who were not able to receive
compensation within the terms established therein, who had to appear before competent
authorities within the terms indicated in paragraphs 67 and 117 of the Judgment (supra
Having Seen 1). Regarding this matter, this Court considers necessary to reiterate to the
State and also to the representatives to submit updated information on the persons found
in this assumption, and in particular that the State indicate whether it has constituted an
account or certificate of deposit at a banking institution in favor of the persons in the
indicated circumstances, to ensure payment of the corresponding compensations.
46.
Consequently, considering what is established in the Judgment and in the Orders of
November 28, 2007 (supra Having Seen 2) and August 5, 2008 (supra Having Seen 3), the
State must perform all necessary actions to ensure full compliance with operative
paragraphs 10, 11, 13, 14 and 15 of the Judgment and report on the progress of the
implementation of the measures ordained in the operative paragraphs cited still pending
compliance.
*
*
*
47.
That the Court assessed the State’s full compliance with operative paragraphs 5 and
6 of the Judgment as positive, as well as the partial compliance of operating paragraphs:
10, 11, 13, 14, and 15 of the same Judgment, and the actions performed in relation to
operative paragraphs 7, 8 and 9, which constitute relevant progress by the State in the
execution and implementation of the Court’s judgments.
48.
That the Court will consider the general status of the compliance with the Judgment
on Reparations and Costs of November 19, 2004, once it receives all pertinent information
on the paragraphs of the reparations that are pending compliance. Additionally, the Court
considers it pertinent to hold a hearing on monitoring of compliance with the Judgment.
Therefore:
The Inter-American Court of Human Rights,
by virtue of its authority to monitor compliance with its own decisions pursuant to Articles
33, 62(1), 62(3), 65, 67, and 68(1) of the American Convention on Human Rights, and
Articles 25(1) and 30 of its Statute and 30(2) of its Rules of Procedure,4
Declares:
1.
That, in conformity with what has been indicated in this Order, the State has fully
complied with the following operative paragraphs of the Judgment on Reparations:
a) publication of the Judgment, in the Official Gazette and in another newspaper of
national circulation, in Spanish and in Maya Achí, (operative paragraph five); and
4
Approved by the Court in its XLIX Period of Regular Sessions held from November 16 to 25, 2000 and
partially reformed by the Court in its LXXXII Period of Regular Sessions held from January 19 to 31, 2009; the
same which will be applied in this case.
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