13
d)
[...] adopt all necessary steps to avoid repetition of the facts and
circumstances of the instant case, under the terms of paragraph 127 of the [...]
Judgment, pursuant to which it shall,
[i)]
adopt the necessary measures to train and educate all members of
its armed forces and security agencies in the principles and rules regarding
respect for and protection of human rights and in the restrictions on the
use of firearms by enforcement authorities, even in exceptional
circumstances;
[ii)] adjust its operational plans to deal with public disturbances to the
requirements of respect for and protection of said rights, and to that end
adopt, inter alia, measures aimed at controlling the actions of all members
of security forces in the place where the events occur in order to prevent
any possible excess; and
[iii)] guarantee that, where necessary to resort to the use of physical
means to deal with public disturbances, the members of the armed and
security forces will use only those which are indispensable to control such
situations in a rational and proportionate manner, respecting the right to
life and to humane treatment (operative paragraph four of the Judgment).
AND DECIDES:
1.
To call upon the State to take all such steps as may be necessary to briefly and
fully comply with the measures ordered by the Court in the Judgment on reparations and
costs of August 29, 2002 which are pending fulfillment, in accordance with the provisions
of Article 68(1) of the American Convention on Human Rights.
2.
To request the State to submit to the Inter-American Court of Human Rights, no
later than October 15, 2009, detailed, complete and up-to-date information regarding the
steps taken so far, in addition to a working plan containing a schedule of the steps and
actions planned to comply with the measures ordered in the Judgment, particularly, the
progress achieved regarding the investigations, the exhumations of the victims and the
training and education of the member of the armed and security forces, as established in
Considering clauses 14 to 18, 22 and 30 of this Order. Lastly, regarding the case in which
in 2006 the Constitutional Chamber confirmed the discontinuance of the criminal
proceedings on account of the statute of limitations, as established in Considering
clauses 8 to 10 and 18, the State must submit a report on the necessary steps taken so
that the domestic competent organs may seek proper recourse, as established in
Considering clauses 18 and 35 of this Order.
3.
To request the victims’ representatives and the Inter-American Commission on
Human Rights to submit the observations they deem relevant on the State’s report
referred to in the foregoing operative paragraph, within four and six weeks, respectively,
of the date said report has been received.
4.
To continue monitoring the measures pending compliance with the Judgment on
reparations and costs of August 29, 2002.