5
3.
That the representatives of the victim and her next of kin, and also the InterAmerican Commission on Human Rights, must submit their comments on the report of
the State mentioned in the preceding operative paragraph within two months of
receiving it.
[…]
15.
The note of the State of April 23, 2003, in which it requested a 60-day
extension of the period granted by the Court to present a report on the status of
compliance with judgment in this case. The note of the Secretariat of May 8, 2003,
informing the State that an extension had been granted until June 30, 2003.
16.
The note of the State of June 24, 2003, received on August 4, 2003, to which
it attached some “copies of the pertinent procedural documents from the proceeding
filed on the disappearance and death of Professor Benavides”.
17.
The note of the Secretariat of August 19, 2003, requesting the State to
forward as soon as possible, a report with a detailed account of the measures taken
and their results relating to the status of compliance with the provisions of the fourth
operative paragraph of the judgment of June 19, 1998, (supra first having seen
paragraph).
18.
The Order of the Inter-American Court of September 9, 2003, which
established in its sixth and seventh considering paragraphs:
6.
That the Court has established in its constant case law that it is inadmissible to
invoke any provisions of internal law, which include declaring an action statute-barred,
with the intention of preventing compliance with the decisions of the Court in relating to
the investigation and punishment of those responsible for grave human rights
violations,1 owing to the treaty obligations assumed by States. Otherwise, the effet util
of the provisions of the American Convention in the domestic law of the States Parties
would be denied, and the international proceeding would be deprived of its basic
purpose, since, instead of promoting justice, it would entail the impunity of those
responsible for the violation.
7.
That, from what the State has declared regarding the statute-barred nature of
the criminal proceeding against those allegedly responsible for the human rights
violations against Consuelo Benavides Cevallos, this Court considers that the State
cannot invoke the statute of limitations period established in its domestic law in order
not to comply with its obligation under the fourth operative paragraph of the judgment
of June 19, 1998.
And decided:
1.
That the State had the obligation to take all necessary measures to comply fully
and promptly with the judgment of June 19, 1998, delivered by the Inter-American
Court of Human Rights in the Benavides Cevallos case, pursuant to the provisions of
Article 68(1) of the American Convention on Human Rights.
2.
That the State must present to the Court, by October 18, 2003, at the latest, a
detailed report on the measures taken, following the delivery of the Court’s judgment, to
comply with the provisions of its fourth operative paragraph.
1
Cfr. Bulacio case. Judgment of September 18, 2003. Series C No. 100, para. 116; Trujillo Oroza
case. Reparations (Art. 63.1 of the American Convention on Human Rights). Judgment of February 27,
2002. Series C No. 92., para. 106; Barrios Altos case. Judgment of March 14, 2001. Series C No. 75, para.
41.
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