17
measure has already elapsed so it does not seem reasonable that the schedule [presented
by the State] establishes such long terms. The Commission expects that the State shall
make its best efforts to comply with this issue of the Judgment as soon as possible.”
61.
That the term to make such publication matured on January 28, 2007, i.e. over two
years and nine months ago, and such publication has not been made. The Court observes
that compliance with this measure does not require any complex measures justifying a
delay of almost three years for compliance. In fact, the cause of such delay in compliance is
not included in the file.
62.
That the publication ordered is a satisfaction measure which, in turn, must be
understood as a guarantee of non-repetition of the facts in this case and that they are
known by the Venezuelan society. Its compliance forms part of the State’s obligations since
the State has ratified the American Convention and acknowledged the competence of this
Court. This lack of publication evidences the status of non-compliance with the Judgment in
this case, since the State did not inform about any measure adopted for compliance in the
past three years.
63.
That due to the private hearing held recently at the Court’s headquarters, the State
proposed making such publication in the first quarter of 2010. Therefore, given the time
elapsed and the commitment indicated by the State, the Court considers that Venezuela
shall make such publication in the first quarter of 2010.
*
*
*
64.
That as regards to the obligation to pay compensation amounts for pecuniary and
non-pecuniary damages, as well as the reimbursement of costs and expenses within the
term of one year as from the date of service of this Judgment (operative paragraph 14 of
the Judgment), the State pointed out that “the fiscal year is about to conclude and the
Annual Operating Plan for 2010, for all institutions, has been processed so that payment of
compensation amounts shall be processed in 2010 to be executed in 2011, as set forth in
the Judgment duly calculating any owed interests.” The State highlighted that the
“calculation has been done [and that] the persons to be paid are identified[,] but that there
is a [budget] difficultly”, worsened by the “world economic crisis.”
65.
That the representatives pointed out that “it is totally inadmissible” that the State
affirms “that compensation payments cannot be made until 2011 since they were not
included in the budget for fiscal years 2009 and 2010”, “since compliance with this
obligation has been pending for over two years according to the term indicated by [the
Court in its Judgment].” According to the representatives “[t]he National Assembly as the
body in charge of preparing and approving the budget for the fiscal year of Venezuela[,]
pursuant to Article 187, paragraph 6 of the Constitution of the Bolivarian Republic of
Venezuela, also has constitutional powers to authorize additional credits, following
paragraph 7 of such Article. Therefore, the representatives requested [the] Court […] to
urge the Venezuelan State, and particularly the National Assembly of Representatives so
that within six (6) months an additional credit is approved to pay compensation amounts for
pecuniary and non-pecuniary damages, as well as the reimbursement of costs and expenses
and thus, comply with this operative paragraph.”
66.
That the Commission “also pointed out that the term for compliance with [this]
measure has already elapsed so it does not seem reasonable that the schedule [presented
by the State] establishes such long terms. The Commission expects that the State shall