11
40. The representatives requested that the Court "[request] the State [to] promptly
comply with the operative paragraphs of the July 10, 2007 Judgment still pending
compliance," and that it provide "updated and detailed information on the
measures adopted to comply with the reparation measures" ordered in the
Judgment.
41. Finally, the Commission stressed that "according to the time period established in
the Judgment, the obligations ordered by the Court are past due. Although there
has been partial compliance with some measures, it is necessary that they be fully
implemented."
42. The Court notes that despite the time elapsed since the issuing of the Judgment
the obligations ordered therein have, at best, only been partially complied with.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercising its authority to monitor compliance with its decisions in accordance with
Articles 33, 62(1), 62(3), 65, and 68(1) of the American Convention on Human Rights,
Article 25(1) and 30 of the Statue, and Article 31(2) of its Rules of Procedure,6
DECLARES:
1.
In accordance with the provisions of Considering Clause 33 of this Order, the
State has partially complied with the obligation to pay the amounts set out in
paragraph 171 and, in the manner set out in paragraphs 161 and 172 of the
Judgment, to the family members of the victims (operative paragraph fourteen of the
Judgment).
2.
In accordance with the provisions of Considering Clauses 11, 12, 16, 18, 19,
23, 24, 28, 29, 33, 35 and 39, the procedure to monitor compliance shall remain open
until the outstanding paragraphs in this case are complied with, namely:
a)
to immediately investigate the acts that led to the violations in this
case, and identify, prosecute and, if necessary, punish those responsible, under
the terms of paragraphs 189 to 191 of the Judgment. The outcome of this
proceeding must be publicized so that the Peruvian society can be informed of
the judicial determination of the facts and those responsible in this case
(operative paragraph nine of the Judgment );
6
2009.
Rules of Procedure of the Court passed at its LXXXV Regular Session, held from November 16 to 28,