2
emergency; and, for prosecutors and judges, permanent educational programs on
international standards related to judicial protection of human rights (operative
paragraph ten of the Judgment); and,
e)
to pay directly to the Comisión Ecuménica de Derechos Humanos (CEDHU)
[Ecumenical Human Rights Commission] the amounts set in paragraph 161 of the
Judgment as compensation for legal costs and expenses (operative paragraph twelve of
the Judgment).
2.
That the State has complied in part with its obligation to pay directly to the family members of
Mr. Wilmer Zambrano-Vélez, Mr. Segundo Olmedo Caicedo Cobeña and Mr. José Miguel Caicedo Cobeña
the amounts set as compensation for pecuniary and non-pecuniary damages (operative paragraph of the
Judgment eleven), as set forth in considering clauses numbers 67 to 70.
3.
That, in accordance with the terms of considering paragraphs 12 to 16 and 69 to 70, the
procedure to monitor compliance with the outstanding points in the instant case shall remain open, to wit:
a)
to immediately carry out the necessary actions, and use all available means, to expedite
the investigation and proceedings with ordinary criminal jurisdiction to identify, prosecute and, if
applicable, punish those responsible for the extrajudicial execution of Wilmer Zambrano-Vélez,
José Miguel Caicedo Cobeña and Segundo Olmedo Caicedo Cobeña, as well as fulfilling the next of
kin of the victims right to the truth and ensuring that they have full access and capacity to act in
all stages and instances of the said investigations and proceedings, pursuant to the domestic laws
and provisions of the American Convention on Human Rights (operative paragraph six of the
Judgment), and
b)
to directly pay the family members of Mr. Wilmer Zambrano-Vélez, Mr. Segundo Olmedo
Caicedo Cobeña and Mr. José Miguel Caicedo Cobeña the interest accrued on the overdue
payments as compensation for pecuniary and non-pecuniary damages (operative paragraph
eleven of the Judgment).
3.
The briefs of July 20, August 13 and 24, and September 10, 2010, through
which the Republic of Ecuador (hereinafter “the State” or “Ecuador”) issued
information about compliance with the outstanding points in the present case.
4.
The briefs of August 20 and October 14, 2010, through which the
representatives of the victims (hereinafter “the representatives”) presented their
observations on the State reports.
5.
The communication of October 19, 2010, through which the Inter-American
Commission on Human Rights (hereinafter “the Commission” or “the Inter-American
Commission”) presented its observations on the State’s reports.
CONSIDERING THAT:
1.
Monitoring compliance with its decisions is an inherent jurisdictional power of
the Court.
2.
Ecuador has been a State Party to the Convention since December 28, 1977,
and recognized the contentious jurisdiction of the Court on July 24, 1984.
3.
Article 68(1) of the American Convention sets forth that “[t]he States Parties
to the Convention undertake to comply with the Court’s judgment in any case to