2
investigate the denounced facts and –should it be the case- punish those responsible for
the disappearance and death of Mr. Nicholas Chapman-Blake.
And Decid[ed]:
1. To request the State to adopt all the measures necessary to effectively and
immediately comply with operative paragraphs of the Judgment on the merits and the
reparations Judgment issued in the instant case, in accordance with the obligation set
forth in Article 68(1) of the American Convention on Human Rights, which relates to all
of the State powers and bodies as a whole.
5.
The writs of April 3 and May 23, 2008, whereby the Republic of Guatemala
(hereinafter referred to as “the State” or “Guatemala”) informed on the status of
fulfillment of the Judgments rendered in the instant case (supra Having Seen Clauses
No. 1 and 2).
6.
The writ of July 11, 2008, whereby the Inter-American Commission on Human
Rights (hereinafter referred to as “the Commission” or “the Inter-American
Commission”) presented its observations to the Reports of the State (supra Having
Seen Clause No. 5). The victims’ representatives (hereinafter referred to as “the
representatives”) did not submit any observations to the reports of the State.
CONSIDERING:
1.
That monitoring the fulfillment of the Court’s decisions is a power inherent to
the jurisdictional functions of the Court.
2.
That Guatemala is a State Party to the American Convention on Human Rights
(hereinafter referred to as “the American Convention”) since May 25, 1978 and has
acknowledged the Court’s jurisdiction on March 9, 1987.
3.
That pursuant to Article 67 of the American Convention, the judgments of the
Court must be immediately and totally complied with by the State.1 Furthermore,
Article 68(1) of the American Convention sets forth that “[the] States Parties to the
Convention undertake to comply with the judgment of the Court in any case to which
they are parties.”
*
1
Cf. Case of Baena Ricardo et al v. Panama. Competence. Judgment of November 28, 2003, Series
C, No. 104, para. 60; Case of Claude Reyes et al v. Chile. Monitoring compliance with Judgment. Order of
November 24, 2008, Considering Clause No. 4; and, Case of Bulacio v. Argentina. Monitoring compliance
with Judgment. Order of November 26, 2008, Considering Clause No. 4.