12
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 31 and 69 of its Rules of
Procedure18,
DECLARES THAT:
1.
The State has fully complied with the obligations to:
a)
Pay the amounts for pecuniary and non- pecuniary damage and
reimbursement of legal costs and expenses (operative paragraph
eight of the Judgment),
b)
Create a fund named after “Germán Escué Zapata", so that the
Community of Jambaló can invest it in works or services of
collective interest for their benefit (operative paragraph ten of the
Judgment) and,
c)
Carry out a public act of acknowledgment of responsibility
(operative paragraph fourteen of the Judgment);
2.
The State has made significant progress in the compliance with operative
paragraph nine of the Judgment, related to the development of pending criminal
proceedings to determine the corresponding responsibilities for the facts of this
case, according to the terms established in Considering clauses 11 to 16 supra.
3.
The State has partially complied with operative paragraph thirteen of the
Judgment, inasmuch as it made the pertinent publications in the newspaper with
national circulation and in the local newspaper in the Nasa Yuwe language,
according to the terms established in Considering clauses 28 to 31.
4.
The State, the representatives and the Commission have informed on the
measures adopted to comply with the obligation to provide the specialized
medical, psychiatric and mental appropriate treatment required by the victim’s
next-of-kin (operative paragraph twelve of the Judgment), which shall be
assessed by the Tribunal in a subsequent Order.
5.
It will keep open the procedure to monitor compliance with the following
obligations pending compliance, namely:
a)
The obligation to conduct effectively the necessary criminal
proceedings, still in process and all future investigations so that
those responsible for the facts of the instant case be identified and
(operative paragraph nine of the Judgment);
b)
The obligation to grant a scholarship for university studies
(operative paragraph eleven of the Judgment),
c)
The obligation to provide the specialized medical, psychiatric and
mental appropriate treatment required by the victim’s next-of-kin
(operative paragraph twelve of the Judgment), and
18
Approved by the Court during its LXXXV Ordinary Period of Sessions, held from November 16
to 28, 2009.