9.
In addition, the Court notes that, according to the provisions of paragraphs 109 to 113,
124, 140 and 141 of the Judgment, the State has complied fully with the following obligations:
(a)
Payment of the compensation for non-pecuniary damage (fifth operative
paragraph of the Judgment).
(b)
Payment of the taxes collected unduly, as well as the corresponding interest and
fines (seventh operative paragraph of the Judgment) and,
(c)
Payment of the corresponding costs and expenses (sixth operative paragraph of
the Judgment).
B. Obligation to publish the pertinent parts of the Judgments on merits and on
reparations, as well as the official summary of the Judgments (eighth
operative paragraph of the Judgment on reparations)
10.
The State advised that, on January 20, 2012, it had published the paragraphs indicated
in the Judgment, on pages 9 to 25 of the Second Supplement to Official Gazette No. 623. It
also advised that, on May 18, 2012, it had published the official summary of the Judgments of
May 6, 2010, and March 3, 2011, on page 7 of the newspaper, El Telégrafo.
11.
The representatives indicated that, despite the fact that it was outside the time frame
indicated by the Court, the State had complied with the publications ordered in the Judgment.
For its part, the Inter-American Commission noted that both publications “were made outside
the time frame of six months [… and] that the operative paragraphs of both Judgments remain
to be published.” In addition, it indicated, regarding “the publication of the summary of the
Judgment, [… that the] document provided as an attachment does not reveal the name of the
newspaper in which it was published or the date of publication.”
12.
Based on the information presented, the Court determines that the State has complied,
as pertinent, with the publication of the official summary of the Judgments of May 6, 2008, and
March 3, 2011, in the newspaper, El Telégrafo, as ordered in the eighth operative paragraph of
the Judgment.
13.
Regarding the publication of certain paragraphs indicated in the Judgment, this Court
observes that, on January 20, 2012, the State made the publication in the Second Supplement
to Official Gazette No. 623. The Court notes that, regarding the paragraphs mentioned in
paragraph 127 of the Judgment, the State erroneously published the following: (a) paragraph
54 of the Judgment of May 6, 2008, under the heading of Chapter V: Competence, when it
corresponds to Chapter VI: Articles 21 (Right to Property), 8(1) (Right to Judicial Guarantees)
and 25(1) (Right to Judicial Protection) in relation to Articles 1(1) (Obligation to Respect Rights)
and 2 (Domestic Legal Effects) of the American Convention; (b) the title of section "(a)
Publication of Judgment," was omitted; this should have been cited before paragraph 127 of the
Judgment of March 3, 2011. The Court notes that these are errors of form, so that, on this
occasion, it considers that the State has complied with this aspect, with the publication of the
paragraphs ordered in the eighth operative paragraph of the Judgment.
14.
Despite the foregoing, and with regard to the said publication, the Court notes that the
State (a) instead of publishing paragraphs 2 and 3 of the Judgment of March 3, 2011, as
ordered in the eighth operative paragraph of that Judgment, published declarative paragraphs 2
and 3 of the Judgment of May 6, 2008 (which are transcribed in paragraph 1 of the Judgment
of March 3, 2011, and (b) failed to publish the operative paragraphs of each of the said
Judgments, which relate to a complete chapter that contains the decisions taken in the
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