12
37.
That the Court will consider the general status in compliance with the Judgment
(supra Having Seen 2) once it has received the pertinent information on the measures
pending fulfillment.
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 Human
Rights, 25(1) and 30 of its Statute, and 30(2) of its Rules of Procedure,
DECLARES:
1.
That in accordance with Considering clause 34 of this Order, the State has
complied with the following obligations:
a)
[...] pay to the Center for Justice and International Law (CEJIL), under the
terms of paragraph 132 of the Judgment, the amount set as reimbursement of
costs and expenses incurred in connection with proceedings brought under the
domestic jurisdiction and before the Inter-American system [...] (operative
paragraph ten of the Judgment).
2.
That it will keep open the proceedings to monitor compliance with the following
measures pending fulfillment, to wit:
a)
[...] conduct, under the terms of paragraphs 118 to 120 of the [...]
Judgment, an effective investigation into the facts of the instant case, identify
those responsible for them, both perpetrators and instigators, as well as any
possible accessories after the fact, and, [if applicable], punish them
administratively and criminally, as appropriate; to allow the victims’ next of kin
and the surviving victims to have full access and power to act at all stages and in
all proceedings of said investigations, in accordance with the domestic legislation
and the provisions of the Inter-American Convention on Human Rights; and to
make the results of said investigations known to the public (operative paragraph
one of the Judgment);
b)
[...] locate, exhume, and identify by means of suitable techniques and
instruments the mortal remains of the victims, and deliver them to the victims’
next of kin, under the terms of paragraphs 121 and 124 to 126 of the [...]
Judgment (operative paragraph two of the Judgment);
c)
that the costs of the burial of the mortal remains of the victims mentioned
in operative paragraph [two] in the place chosen by their next of kin shall be born
by the State, under the terms of paragraph 124 of the [...] Judgment (operative
paragraph three of the Judgment), and