9
1.
That, in accordance with what has been pointed out in the eleventh
Considering clause of the instant Order, the State has complied with the obligation
to:
a)
publish in the Diario Oficial (Official Gazette) and in another national
daily newspaper, both the Section entitled “Proven Facts” and the operative
paragraphs of the Judgment (third operative paragraph in the Judgment of
November 25, 2004);
b)
waive, in favor of Mrs. Lori Berenson, the debt imposed as reparation
for pecuniary damages established under civil law in favor of the State (fifth
operative paragraph in the Judgment of November 25, 2004); and
c)
pay Ms. Rhoda Berenson and Mr. Mark Berenson the amount fixed in
paragraph 243 of the Judgment, for legal costs and expenses, including
default interest on such amount (seventh and eleventh operative paragraphs
in the Judgment of November 25, 2004).
2.
That it will continue the procedure on monitoring compliance with the points
on which compliance is pending, to wit:
a)
having domestic legislation amended to conform with the standards of
the American Convention (first operative paragraph in the Judgment of
November 25, 2004);
b)
provide Mrs. Lori Berenson with adequate and specialized medical care
(fourth operative paragraph in the Judgment of November 25, 2004); and
c)
having detention conditions in the Yanamayo penal facility conform to
international standards, transfering to other prisons those who, on account of
their personal conditions, cannot be held at the heights where the aforesaid
imprisonment facility is located, and report every six months to this Court on
such changes (sixth operative paragraph in the Judgment of November 25,
2004).
AND DECIDES:
1.
To require the State to adopt all measures necessary to comply effectively
and promptly with the provisions ordered by the Court in the Judgment on the
merits, reparations and legal costs of November 25, 2004, with which compliance is
pending, pursuant to 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, by January 20,
2007, at the latest, a report indicating all the measures adopted to comply with the
reparations ordered by the Court, with which compliance is still pending, in
accordance with what is pointed out in the Twelfth Considering clause and in the
second Declares clause of the instant Order.
3.
To request the representatives of the next of kin of the victims and the InterAmerican Commission on Human Rights to submit their observations on the report of
the State mentioned in the preceding operative paragraph within four and six weeks,
respectively, as from the receipt thereof.
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