Court to be able to comply fully with the obligation to report on compliance with its
decisions, States Parties must provide the information requested of them opportunely.19
39.
In this regard, Venezuela must take the necessary measures to comply effectively
with the Court’s requirements in the judgment (supra having seen paragraph 1). This
obligation includes the State’s duty to report on the measures taken to comply with the
aspects ordered in the judgment. The Court finds it necessary to emphasize and recall
that timely observance of the State’s obligation to inform the Court of the way in which it
is fulfilling each aspect ordered is fundamental for evaluating the status of compliance
with the judgment as a whole. Moreover, this is not achieved by merely formally
presenting a document to the Court, but constitutes a dual obligation that, for its
effective fulfillment, requires the formal presentation of a document within the allotted
time, with specific, clear, current, detailed and factual reference to the issues on which
this obligation is based.20
40.
In this regard, the Court recalls that, in the proceedings on the merits of this
case, the State acknowledged its international responsibility for the facts and claims
contained in the application and in the pleadings and motions brief. In this regard, the
Court found that this acquiescence made a positive contribution to the development of
the proceedings and to the validity of the principles underlying the American Convention,
and proceeded to describe the different violations found to the articles in question, and
also to determine the reparations, and the costs and expenses in this case.21
41.
It should be emphasized that the initial reparation content that acquiescence may
signify for the victims and their next of kin fades with the passage of time if the
authorities remain inactive and fail to redress the damage caused.22 Therefore, the
State’s acknowledgement of responsibility must lead to prompt and effective compliance
with the orders issued by the Court as measures of reparation.
42.
In the instant case, while monitoring compliance with the judgment, the Court
observes that, almost six years after the judgment was delivered that is hereby being
monitored, most of the measures of reparation ordered remain pending compliance by
the State. Consequently, it is essential that the State submit a detailed, complete and
updated report on the steps it has taken to comply with the measures of reparation
ordered in the judgment that remain pending. Also, the Court requests the respective
observations of the Inter-American Commission and the representatives of the victims.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
19
Cf. OAS General Assembly, Resolution AG/RES. 2587 (XL-O/10) approved at the fourth plenary session
held on June 7, 2010, entitled “Observations and Recommendations on the Annual Report of the Inter-American
Court of Human Rights”, fourth operative paragraph.
20
Cf. Case of Bámaca Velásquez v. Guatemala. Monitoring compliance with judgment. Order of the InterAmerican Court of Human Rights of July 4, 2006, seventh considering paragraph, and Case of the Yean and
Bosico Girls v. Dominican Republic, supra note 1, fifteenth considering paragraph.
21
Cf. Case of Blanco Romero et al. v. Venezuela, supra note 8, paras. 31, 56 and ff.
22
Cf. Case of Molina Theissen v. Guatemala. Monitoring compliance with judgment. Order of the Court of
November 16, 2009, eighteenth considering paragraph and Case of Montero Aranguren et al. (Retén de Catia)
v. Venezuela, supra note 18, seventh considering paragraph.
11