ORDER OF THE INTER-AMERICAN
COURT OF HUMAN RIGHTS
OF NOVEMBER 27, 2003
BÁMACA VELÁSQUEZ *
V. GUATEMALA CASE
COMPLIANCE WITH JUDGMENT
HAVING SEEN:
1.
The Judgment on the merits delivered in the Bámaca Velásquez vs.
Guatemala Case by the Inter-American Court of Human Rights (hereinafter “the
Court”, “the Inter-American Court” or “the Tribunal”) on November 25, 2000,
wherein it:
1.
declar[ed] that the State violated, to the detriment of Efraín Bámaca
Velásquez,
the right to personal liberty enshrined in Article 7 of the American
Convention on Human Rights.
[…]
2.
declar[ed] that the State violated, to the detriment of Efraín Bámaca
Velásquez, as well as Jennifer Harbury, José de León Bámaca Hernández, Egidia Gebia
Bámaca Velásquez, and Josefina Bámaca Velásquez, the right to personal integrity
enshrined in Articles 5(1) and 5(2) of the American Convention on Human Rights.
[…]
3.
declar[ed] that the State violated, to the detriment of Efraín Bámaca
Velásquez, the right to life enshrined in Article 4 of the American Convention on Human
Rights.
[…]
5.
declar[ed] that the State violated, to the detriment of Efraín Bámaca
Velásquez, as well as Jennifer Harbury, José de León Bámaca Hernández, Egidia Gebia
Bámaca Velásquez, and Josefina Bámaca Velásquez, the rights to a fair trial and judicial
protection enshrined in Articles 8 and 25 of the American Convention on Human Rights.
[…]
6.
declar[ed] that the State failed to comply with the general obligations of Article
1(1) of the American Convention on Human Rights regarding the violations of the
substantive rights set forth in the previous operative paragraphs of the […] Judgment.
[…]
7.
declar[ed] that the State failed to comply with, to the detriment of Efraín
Bámaca Velásquez, the obligation to prevent and punish torture pursuant to Articles 1,
2, 6, and 8 of the Inter-American Convention to Prevent and Punish Torture.
[…]
8.
decid[ed] that the State should order an investigation to identify the persons
responsible for the violations of human rights as [stated] in [the] Judgment, as well as
disclose the results of said investigation and punish the responsible parties.
*
Judge Salgado Pesantes informed that Court that, for reasons of force majeure, he could not
participate in the deliberation and signing of the instant Order.
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