9
11.
That, with regard to the matters that the State has already complied with
(supra ninth considering paragraph), this Court considers that it is not pertinent to
request any further information.
12.
That the matters that have still not been complied with (supra seventh,
eighth and tenth considering paragraphs) must be carried out by the State as soon
as possible. Consequently, the State must forward a report on the matters pending
compliance indicated by the Court and, subsequently, the representatives of the
victims and their next of kin and the Inter-American Commission, must submit their
comments on this report.
13.
That the Court will consider the general status of compliance with its
judgment on reparations of May 26, 2001, when it has received this State report and
the corresponding comments on the above-mentioned measures of reparation (supra
seventh, eighth, tenth and twelfth considering paragraphs).
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its decisions and in accordance
with Articles 67 and 68(1) of the American Convention sobre Derechos Humanos,
Article 25(1) of its Statute and Article 29(2) of its Rules of Procedure,
DECLARES:
1.
That the State has complied with the compensation ordered for pecuniary and
non-pecuniary damage (first, second, third and fourth operative paragraph of the
judgment on reparations of this Court of May 26, 2001), except for the payment to
Gerardo Adoriman Villagrán Morales, as indicated in subparagraphs (a) and (b) of
the ninth considering paragraph of this Order; with the designation of an educational
center with a name allusive to the young victims in this case and the placing in this
center of a plaque with their names; with the payment of the costs and expenses
ordered in favor of the representatives of the victims’ next of kin, and with the
adoption of the necessary legislative measures to adapt Guatemalan legislation to
Article 19 of the American Convention (fifth, seventh and ninth operative paragraph
of the judgment on reparations of this Court of May 26, 2001), as indicated in
subparagraphs (c), (d) and (e) of the ninth considering paragraph of this Order
2.
That it will keep the procedure on monitoring compliance in this case open, as
regards the following elements:
a)
Payment of the compensation for non-pecuniary damage ordered in
favor of Gerardo Adoriman Villagrán Morales;
b)
The obligation to investigate, prosecute and punish those responsible
for the human rights violations declared by the Court in the judgment
of May 26, 2001, in accordance with the provisions of Article 68(1) of
the American Convention on Human Rights; and
c)
The provision of the resources and the adoption of the other measures
needed for the transfer of the mortal remains of Henry Giovanni