7
7.
That those States Parties to the American Convention that have accepted the
binding jurisdiction of the Court are under a duty to fulfill the obligations set by the
Tribunal. In that sense, Bolivia must adopt all the necessary measures to promptly
comply with the terms established in the Judgment on the reparations of February
27, 2002 (Supra, Having Seen clause 2) as well as with those established herein
regarding the status of compliance with the already mentioned Judgment. This
obligation includes the State’s duty to report on the measures adopted to comply
with such decisions of the Court. Timely fulfillment of the State’s obligation to report
to the Court on the exact manner in which it is complying with each of the aspects
ordered by the latter is essential to evaluate the status of compliance in this case.
*
*
*
8.
That in the brief of September 19, 2006 (supra Having Seen clause 7), the
State pointed out hat it had classified the crime of forced disappearance of people
through the incorporation of a section in its Penal Code and the enactment of
National Act Nº 3326. To such end, the State annexed the Bolivian Official Gazette of
January 21, 2006 which shows the publication of such provision.
9.
That the Commission “[…] t[ook] note of the information provided by the
State on the incorporation of the classification of the crime of Forced Disappearance
of People in the Bolivian Penal Code […]”, and considered there is no controversy
regarding the compliance on the part of the State with such aspect of the Judgment
on the reparations and legal costs of the case at hand. Furthermore, the
representatives added that they consider the State has complied with such
obligation.
*
*
*
10.
That in the Order of September 12, 2005 (supra Having Seen 4), the Court
requested the State to a) report on the obligation to make use of all the necessary
resources to locate the mortal rests of the victim and to deliver them to his next- ofkin; to submit information regarding the steps taken to that end, among them, the
measures adopted by the Attorney General of the Republic and the Consejo
Insterinstitucional; and b) report on the investigation, identification and possible
punishment of the responsible of such injurious acts, subject matter of the case at
hand; to submit full and detailed information regarding the progress made in the
proceedings being tried before the Trial Court for the Province of Warnes which has
issued a “Writ of Indictment” against six accused; to include a note from the criminal
judge who is hearing the case and an explanation for the case of declination.