5
*
*
10.
That regarding operative paragraph nine, related to the publication of the proven
facts, without footnotes and the operative part of the Judgment, the State reported that
it had made such publication on June 25, 2007 in the “Heraldo” which is a national
newspaper and the State further informed that in the near future such information would
be published in the Official Gazette (supra Having Seen Clause 2.)
11.
That the representatives confirmed that the publication under the terms ordered
by the Court had been made in the “Heraldo”, which is a nationwide distributed
newspaper, and such representatives further stated that the information was pending
publication in “La Gaceta” which is the Official Gazette of the State. Finally, they stated
that the term fixed by the Court to complete the publication was overdue (supra Having
Seen Clause 3.)
12.
That the Commission in its comments of January 8, 2007, valued the publication
made by the State in a newspaper of national circulation and stated that it hoped that
the publication of the pertinent parts of the Judgment ordered by the Court would be
made in a short time in the Official Gazette. In view of the aforesaid, the Commission
considered that the State had partially complied with this operative paragraph (supra
Having Seen Clause 4.)
13
That pursuant to the information submitted by the parties, the Court considers
that the State has partially complied with operative paragraph nine of the Judgment
(supra Having Seen Clause 1.)
*
*
*
14
That with regard to operative paragraph ten, relating to the performance of a
public act of acknowledgement of international responsibility by the State, the State
reported that through the Secretary of State’s office departments of Government and
Justice, a public act was conducted by means of which “the State publicly acknowledged
its international responsibility in the instant case, acknowledging the illegal detention,
torture and extrajudicial execution of Marco Antonio Servellón-García, Rony Alexis
Betancourth-Vásquez, Diomedes Obed García-Sánchez y Orlando Álvarez-Ríos, and
further acknowledging the impunity that is still present in this case, and also apologized
to the victims and their next of kin.” The State also reported that for such act, a press
conference was convened and that “several communication media were present and
therefore, it was widely covered” (supra Having Seen Clause 2.)
15.
That the representatives, in their first comments, confirmed the information
provided by the State. However, they pointed out that the public act conducted on April
18, 2007 had not complied with the purpose of repairing the damage caused to the
victims and their next of kin, since the next of kin had not been taken into account in the
preparation and the making of the act, and “Casa Alianza” was given notice of such act
only two hours before the time scheduled for its commencement. They further stated