27.
The judgment ordered the State to provide “adequate and effective psychological
and/or psychiatric treatment, free of charge and immediately […] to the next of kin
considered victims […]” who requested this within two years of notification of the
judgment.10 The Court has no information that would allow it to determine whether any of
the victims, beneficiaries of this measure, requested this psychological and/or psychiatric
treatment before May 6, 2011, the date on which the two-year period mentioned by the
representatives expired.11 Consequently, the State and the representatives must present
updated information on each of the beneficiaries of this measure, indicating whether they
requested psychological and/or psychiatric treatment within the time frame established by
the Court and, if appropriate, indicating the measures taken to provide the necessary
treatment. Accordingly, the Court considers that this obligation remains pending
compliance.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its decisions and pursuant to Articles
33, 62(1), 62(3), 65 and 68(1) of the American Convention on Human Rights, 24 and 30 of
its Statute, and 31(2) and 69 of its Rules of Procedure,
DECLARES THAT:
1.
In accordance with the provisions of this order, the Republic of Honduras has
complied with the following obligations established in the judgment:
a)
Pay Blanca Fernández, Selsa Damaris Watt Kawas, Jaime Alejandro Watt
Kawas, Jacobo Roberto Kawas Fernández, Jorge Jesús Kawas Fernández and
Carmen Marilena Kawas Fernández, the amounts established in the judgment
as compensation for pecuniary and non-pecuniary damage and reimbursement
of costs and expenses, as appropriate, within one year of notification of the
judgment (eighth operative paragraph of the judgment and considering
paragraphs 4 to 7);
b)
Publish in the Official Gazette and in a newspaper with widespread
national circulation, once, paragraphs 1 to 8 of Chapter I, 17 to 35 of Chapter
V, 45 to 155 of Chapters VII, VIII and IX, and 189 to 195 of Chapter X of th[e]
judgment, without the corresponding footnotes, and the operative paragraphs,
within six months of notification of the judgment (tenth operative paragraph
and considering paragraphs 13 to 16), and
c)
Organize, within one year, a public act of acknowledgement of
international responsibility (eleventh operative paragraph of the judgment and
considering paragraphs 17 to 20).
10
Cf. Case of Kawas Fernández v. Honduras, supra note 4, para 209.
11
The judgment (supra having seen paragraph 1) was notified to the representatives on May 6, 2009
(merits file, tome III, folios 879 and 880).
7