6
14.
The State has the duty to supply sufficient information on the measures
adopted, as this is a duty of the State that has repeatedly been established by this
Court.5
15.
The State must comply with all orders of this Court and regularly inform on
all measures adopted to protect the life and the right to humane treatment of Lysias
Fleury, on the investigation of the facts that gave rise to the provisional measures,
and on steps taken for the applicant to participate in their planning and
implementation. This obligation for the State to inform the Court of how it is
complying with its orders is crucial for evaluation of the case.
16.
Pursuant to Article 65 of the American Convention,
To each regular session of the General Assembly of the Organization of American States
the Court shall submit, for the Assembly's consideration, a report on its work during the
previous year. It shall specify, in particular, the cases in which a state has not complied
with its judgments, making any pertinent recommendations.
17.
Article 30 of the Statute of the Court provides that:
[t]he Court shall submit a report on its work of the previous year to each regular session
of the OAS General Assembly. It shall indicate those cases in which a State has failed to
comply with the Court's ruling. It may also submit to the OAS General Assembly
proposals or recommendations on ways to improve the inter-American system of human
rights, insofar as they concern the work of the Court.
18.
Due to the fact that the State has not effectively implemented the provisional
measures ordered by this Court; has not investigated the facts that gave rise to
them; has not involved the applicant in their planning and implementation; and has
not fully complied with the obligation to report, therefore if the current situation
continues the Court –applying Article 65 of the Convention (supra Considering 17)
and Article 30 of the Statute of the Court (supra Considering 18)- will include the
instant Order in its Annual Report for the year 2003, for it to be considered by the
General Assembly of the Organization of American States.
NOW THEREFORE:
5
Cf., inter alia, Case of Marta Colomina and Liliana Velásquez. Provisional Measures. Order of the
Court of September 8, 2003. Considering ten and eleven and Operative paragraphs five and seven; Lysias
Fleury Case. Provisional Measures. Order of the Court of June 7, 2003. Series E No. 4, Operative
paragraph six; Blake Case. Provisional Measures. Order of the Court of June 6, 2003. Series E No. 4,
Considering six and seven and Operative paragraphs three and four; Helen Mack Chang et al. Case.
Provisional Measures. Order of the Court of June 6, 2003, Operative paragraphs six and eight; Case of the
Communities of Jiguamiandó and Curbaradó. Provisional Measures. Order of the Court of March 6, 2003.
Series E No. 4, Operative paragraphs eight and ten; Bámaca Velásquez Case. Provisional Measures. Order
of the Court of February 21, 2003. Series E No. 4, Operative paragraphs six and eight; Helen Mack Chang
et al. Case. Provisional Measures. Order of the Court of February 21, 2003. Series E No. 4, Operative
paragraphs six and eight; Liliana Ortega et al. Case. Provisional Measures. Order of the Court of February
21, 2003, Series E No. 4, Operative paragraphs six and eight; Luis Uzcátegui Case. Provisional Measures.
Order of the Court of February 20, 2003. Series E No. 4, Operative paragraphs five and seven; Luisiana
Ríos et al. Case. Provisional Measures. Order of the Court of February 20, 2003. Series E No. 4, Operative
paragraphs six and eight; Liliana Ortega et al. Case. Provisional Measures. Order of the Court of November
27, 2002, Series E No. 4, Operative paragraphs four and six; Luis Uzcátegui Case. Provisional Measures.
Order of the Court of November 27, 2002, Operative paragraphs four and six; and Luisiana Ríos et al.
Case. Provisional Measures. Order of the Court of November 27, 2002. Series E No. 4, Operative
paragraphs four and six.
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