Order of the
Inter-American Court of Human Rights∗
of November 16, 2009
Case of Myrna Mack Chang v. Guatemala
(Monitoring Compliance with Judgment)
Having Seen:
1.
The Judgment on the merits, reparations, and costs (hereinafter, “the
Judgment”) rendered by the Inter-American Court of Human Rights (hereinafter,
“the Court”, “the Inter-American Court” or “the Tribunal”) on November 25,
2003.
2.
The Orders issued by the Inter-American Court on September 12, 2005
and on November 26, 2007. In the latter it decided:
1.
[…] the State has complied fully with operative paragraphs numbers six,
ten, eleven and twelve of the Judgment dated November 25, 2003.
2.
[…] the State has complied in part with operative paragraph number five in
the Judgment rendered on November 25, 2003, as regards the duty of the State to
investigate and possibly to punish those responsible for the extrajudicial execution
of Myrna Mack Chang, since as set forth in Considering Clauses numbers nine and
sixteen in the […] Order, all the pertaining steps which have to be taken in order to
arrest Mr. Juan Valencia Osorio for him to serve his sentence are still pending, for
he is still fleeing from justice. Consequently, as far as this latter point is concerned,
the compliance monitoring proceedings will be kept open.
And [decided]:
1.
To require the State to adopt whatever measures may be necessary to put
into effect and promptly comply with the point pending compliance and ordered by
the Court in the Judgment on the merits, reparations, and costs of November 25,
2003 and in the instant Order, pursuant to Article 68(1) of the American Convention
on Human Rights.
2.
To request that the State submit to the Inter-American Court no later than
April 4, 2008 a detailed report describing the measures adopted to carry out the
reparations ordered by this Court with which compliance is still pending, pursuant to
Considering Clauses numbers nine and sixteen and to declaratory paragraph
number two of the […] Order.
3.
To ask the representatives of the victim and of her next of kin, and the
Inter-American Commission, to submit their comments to the report by the State
mentioned in the [second] operative paragraph, within four and six weeks,
respectively, as of the date such report is received.
4.
To continue to monitor the points in the Judgment on the merits,
reparations, and costs rendered by the Court with which compliance is still pending.
∗
For reasons beyond their control, the President of the Court, Judge Cecilia Medina
Quiroga, and Judge Leonardo A. Franco did not take part in the deliberations leading to the
instant Order, and did not sign it. The Vice-President, Judge Diego García-Sayán, presided, under
Article 5(1) of the Rules of Procedure of the Court.