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representatives of the victim's next of kin and the State to a hearing to be held in
private on November 23, 2007, in order to obtain information from the State
regarding the only aspect of the Judgment on the merits and the Judgment on the
reparations delivered by this Court, which is still pending compliance and receiving
the observations submitted by the Commission and the representatives of the next
of kin.
8.
The notes of November 9 and 17, 2007, by which the victim’s next of kin
informed about their difficulties in attending the referred private hearing or sending
their representatives to such hearing. The notes of November 9 and 19, 2007,
whereby the State and the Inter-American Commission, respectively, submitted the
list of people who would represent them during said hearing.
9.
The brief of November 21, 2007, whereby the victim’s next of kin submitted
their observations regarding the State's compliance with the Judgments delivered in
the case at hand; they specifically, made reference to the efforts made by the State
to locate and investigate the three individuals who are identified as suspects of the
disappearance and death of the victim.
10.
The hearing held in private by the Court 3 at its seat in San José, Costa Rica
on November 23, 2007, during which the State and the Inter-American Commission
referred to the only aspect pending compliance in the instant case.
CONSIDERING:
1.
It is an inherent power of the judicial functions of the Court to monitor
compliance with its decisions.
2.
That Guatemala has been a State Party to the American Convention
(hereinafter, the “American Convention”) since May 25, 1978, and that it accepted
the binding jurisdiction of the Court on March 9, 1987.
3.
That, pursuant to section 67 of the American Convention, State parties must
fully comply with the judgments entered by the Court in time fashion. Furthermore,
Article 68.1 of the American Convention stipulates that “[t]he States Parties to the
Convention undertakes to comply with the judgment of the Court in any case to
Pursuant to Article 62 of the Rules of Procedures, the Court held the hearing together with the
following commission of Judges: Judge Sergio Garcia Ramírez, President; Judge Leonardo A. Franco and
Judge Rhadys Abreu Blondet. To this hearing, there appeared: a) on behalf of the Inter-American
Commission: Manuela Cuvi, advisor; and Nelson Camilo Sánchez León, advisor; and b) on behalf of the
State: Frank La Rue, President of COPREDEH; Juan José Barrios Taracéan, Ambassador to Guatemala in
Costa Rica; María Elena de Jesús Rodríguez López, advisor; Carol Angélica Quirós Ortiz, advisor; and
Lesbia Andina Contreras Santos, advisor.
3