5
11.
The Court considers it necessary to affirm once more that under the
obligation to respect rights enshrined in Article 1(1) of the American Convention,
the State has the obligation to avoid and combat impunity, which the Court has
defined as “the absence of any investigation, pursuit, arrest, prosecution and
conviction of those responsible for the violations of human rights.” In order to
discharge such duty the State has to combat this situation by all available legal
means, because “impunity leads to the chronic repetition of the human rights
violations and to the total defenselessness of the victims and of their next of
kin.”2 In such sense, the failure to apprehend those responsible, besides
perpetuating uncertainty in the victims as to the risks they run, evidences that in
the case the State has not adopted the adequate measures in order to enforce its
own decisions. This Court has pointed out already that failure to comply with
court rulings is in itself an infringement of the judicial protection guarantee,3 and
undermines the right to a fair trial.
12.
That, as relates to operative paragraph number five, with which
compliance is still pending, the Tribunal points out, along with the
representatives and the Commission, that the information the State submitted in
the course of the hearing is the same it has filed before with regard to the steps
taken regarding the arrest of Juan Valencia Osorio, who was convicted by the
domestic jurisdiction in the case of the extrajudicial execution of Myrna Mack
Chang and who is at present fleeing from justice. Consequently, this Court
considers that the State has not provided detailed and updated information about
compliance with the obligations stemming from such operative paragraph.
13.
That by reason of all the foregoing, the Court considers it essential for the
State to adopt specific measures in order to fulfill promptly and fully its obligation
to comply with the judgment rendered by the judicial authorities with domestic
jurisdiction, in relation with operative paragraph number five in the Judgment on
the merits, reparations and costs rendered on November 25, 2003 (supra Having
Seen Clause Number 1). On account of the foregoing, the State must submit to
this Court detailed and updated information about the measures adopted in order
to comply with such obligation.
Therefore:
The Inter-American Court of Human Rights,
by virtue of its authority to monitor compliance with its own decisions pursuant to
Articles 33, 62(1), 62(3), 65, 67 and 68(1) of the American Convention on
2
Cf. Case of the “White Van” (Paniagua-Morales et al.) v. Guatemala. Merits. Judgment
rendered on March 8, 1998. Series C No. 37, para. 173; and Case of Heliodoro Portugal v. Panama.
Preliminary Objections, Merits, Reparations, and Costs. Judgment of August 12, 2008. Series C No.
186, para. 244, and Case of Garibaldi v. Brazil. Preliminary Objections, Merits, Reparations and
Costs. Judgment of September 23, 2009. Series C No. 203, para. 167.
3
Cf. Case of Baena Ricardo et al. v. Panama. Competence. Judgment of November 28, 2003.
Series C No. 104, para. 82; Case of Acevedo Jaramillo et al. v. Peru. Judgment delivered on February
7, 2005. Series C No. 144, para. 220, and Case of Acevedo Buendía et al. (“Discharged and Retired
Employees of the Office of the Comptroller”) v. Peru. Preliminary Objection, Merits, Reparations and
Costs. Judgment of July 1, 2009. Series C No. 198, para. 72.