2 […] 3. The briefs dated January 22, February 22, and March 27, 2008; and June 25 and October 2, 2009, whereby the Republic of Guatemala (hereinafter “Guatemala” or “the State”) reported on compliance with the Judgment. 4. The briefs dated January 11, May 15 and October 1, 2008 and October 2, 2009, whereby the representatives of the victims (hereinafter “the representatives”) submitted their comments on the reports forwarded by the State. 5. The communications dated May 15, 2008 and August 06, 2009, whereby the Inter-American Commission on Human Rights (hereinafter, the “Commission” or the “Inter-American Commission”) filed its observations on the reports forwarded by the State. 6. The communication from the Secretariat dated April 21, 2009, whereby, following instructions by the President of the Court (hereinafter “the President”), the Secretariat of the Court requested the State to submit updated and detailed information about the steps it had taken in order to effectively apprehend Mr. Juan Valencia Osorio. 7. The Order by the President issued on August 14, 2009, whereby it summoned the State, the Inter-American Commission and the representatives to a private hearing to be held at the seat of the Inter-American Court on October 1, 2009. 8. The private hearing held on October 1, 2009,1 in the course of which the State, the Commission and the representatives dwelt on compliance with the Judgment in the instant case. Considering: 1. That monitoring compliance with its own decisions is a power inherent to the jurisdictional functions of the Court. 2. That Guatemala has been a State Party to the American Convention (hereinafter “the American Convention” or “the Convention”) since May 25, 1978, and that it accepted the contentious jurisdiction of the Court on March 9, 1987. 3. That since the Court Judgments are final and not subject to appeal, pursuant to Article 67 of the American Convention, the States must comply with them promptly and fully. 4. That, pursuant to Article 68(1) of the American Convention, “[t]he States Parties to the Convention undertake to comply with the judgment of the Court in 1 Pursuant to Article 6(2) of the Rules of Procedure, the Court held the hearing with the following commission of Judges: Sergio García Ramírez, Rhadys Abreu Blondet and Leonardo A. Franco. In such hearing there appeared, for the Inter-American Commission: Lilly Ching, counsel; for the representatives of the victims: Helen Beatriz Mack Chang, President of the Fundación Mack [Mack Foundation]; and for the State: Delia Marina Dávila Salazar, Agent for the State, and María Elena de Jesús Rodríguez López, Deputy Agent.

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