2
13.
The Court retains its authority, inherent to its functions and derived from Article
65 of the American Convention on Human Rights, to monitor full execution of […]
Judgment. The case will be closed once the State has faithfully complied with the
provisions of the Judgment. Within one year from the notification of [the] Judgment, the
State shall submit a report to the Court on the measures adopted in compliance
therewith, as set forth in paragraphs 168 of hereof.
2.
The briefs filed on October 5 and 9 and December 20, 2007 and on January 7
and December 12, 2008, whereby the State of Ecuador (hereinafter “the State” or
“Ecuador”) informed on the progress made in the compliance with the
aforementioned Judgment. Upon receiving the abovementioned briefs and forwarding
them to the Inter-American Commission on Human Rights (hereinafter “the
Commission” or “the Inter-American Commission”) and to the representatives of the
victims (hereinafter “the representatives”) it was indicated that, once the State had
sent the report on compliance with the Judgment to which reference is made in
operative paragraph number thirteen thereof, the time limit for filing which ran out
on August 1, 2008, the representatives and the Commission would be granted some
time so that they could file their comments.
3.
The communication dated October 15, 2007 and the brief dated January 5,
2009, whereby the representatives informed about compliance with the
aforementioned Judgment.
4.
The notes by the Secretariat dated December 18, 2008, January 12 and May
8, 2009, whereby it was informed that the time limit for the State to submit its first
report on compliance with the aforementioned Judgment, set in operative paragraph
number thirteen therein, ran out on August 1, 2008, without the Secretariat having
received it. Consequently, following instructions by the President of the Court, the
State was required to submit it forthwith.
5.
The order issued by the President of the Court on May 22, 2009, whereby she
summoned the Commission, the State and the representatives to a private hearing
at the seat of the Court for July 4, 2009, for the purpose of obtaining information
from the State about compliance with all the reparation measures ordered in the
Judgment (supra Having Seen Clause Number 1) and of hearing the comments
thereon by the Commission and by the representatives.
6.
The communication dated June 09, 2009, whereby the representatives let it
be known that they were unable to attend the private hearing for lack of enough
funds to pay for expenses and lodging abroad, and asked for leave to file comments
in writing.
7.
The brief dated June 9, 2009, whereby the State forwarded its first report on
compliance with the Judgment.
8.
The brief dated June 22, 2009, whereby the representatives made their
comments on the first report by the State (supra Having Seen Clause Number 7).
9.
The private hearing on monitoring compliance with the Judgment, held on
July 04, 2009 during the LXXXIII Regular Session of the Tribunal at the seat
thereof,1 as well as the documents filed by the State.
10.
The note by the Secretariat dated July 15, 2009, whereby, pursuant to the
statements at the hearing and following instructions by the President of the Court,
the State was requested to submit, no later that July 24, 2009 all the relevant
information regarding compliance with operative paragraph number six of the
Judgment, specifically how many investigations into the facts in the instant case
1
In such hearing, the following appeared for the Inter-American Commission on Human Rights:
Lilly Ching Soto, counsel, and for the State of Ecuador: Patricia Salazar Pazmiño, Dr. Erick Roberts Garcés,
Daniela Ulloa Santos and Christian Israel Pérez Escobar.