to demonstrate compliance with the pending aspects of the judgment to the Court, the Court may continue including this non-compliance each year when presenting its Annual Report to the General Assembly,80 unless the State, the representative or the Commission provide information on the implementation of and compliance with the Judgment; and these are aspects on which the Court will assess the pertinence of making the respective ruling. THEREFORE: THE INTER-AMERICAN COURT OF HUMAN RIGHTS, in exercise of its authority to monitor compliance with its decisions and pursuant to Articles 65, 67 and 68(1) of the American Convention on Human Rights, and Article 30 of its Statute, DECLARES THAT: 1. As indicated in having seen paragraphs 2 and 6 and considering paragraph 4 of this order, the State has not complied with its obligation to inform this Court of the measures taken to comply with the operative paragraphs of the Judgment on preliminary objection, merits, reparations and costs delivered on August 5, 2008. 2. The State is in substantial non-compliance with the measures ordered in the Judgment on preliminary objection, merits, reparations and costs of August 5, 2008, namely: a) To make the payment of the amounts establish in th[e] Judgment for pecuniary and non-pecuniary damage and reimbursement of costs and expenses (sixteenth operative paragraph of the Judgment); b) To reinstate Juan Carlos Apitz Barbera, Perkins Rocha Contreras and Ana María Ruggeri Cova, if they so desire, in a position in the Judiciary in which they have the same salary, fringe benefits and rank as they would have had today if they had not been removed (seventeenth operative paragraph of the Judgment); c) To make the publications indicated in the Judgment (eighteen operative paragraph of the Judgment), and d) To adopt the measures required to approve the Venezuelan Code of Judicial Ethics, within one year of notification of the Judgment, in accordance with the provisions of the Judgment (nineteenth operative paragraph of the Judgment). AND DECIDES: 1. To incorporate into the next Annual Report of the Inter-American Court of Human Rights the decisions taken in this Order so as to inform the General Assembly of the Organization of American States, in application of Article 65 of the American Convention on Human Rights, of the failure of the State of Venezuela to comply with its obligation: (i) to 80 Cf. Order of the Inter-American Court “Monitoring compliance with judgments (applicability of Article 65 of the American Convention on Human Rights),” ninth considering paragraph. 19

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