7
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of its authority to monitor compliance with its decisions, pursuant to Articles 33,
62(1), 65, 67 and 68(1) of the American Convention on Human Rights, Articles 25(1) and
30 of its Statute, and Article 29(2) of its Rules of Procedure,
DECLARES:
1.
That, pursuant to Considering clause 29 of this Order, the State has fully
complied with operative paragraphs six, seven, eight and nine of the Judgment on
reparations delivered in the instant case.
2.
That, pursuant to Considering clause 16 of this Order, the State has partially
complied with operative paragraph one of the Judgment on reparations.
3.
That it will keep open the procedure to monitor the items that are still
pending compliance, to wit:
a) steps taken to investigate the facts of the instant case, to identify and punish
those responsible, and to publish the results of the proceedings (operative
paragraph one of the Judgment on reparations of November 26, 2002), and
b) necessary steps to identify N.N./Moisés, within a reasonable time, to locate,
exhume, and deliver his remains to his next of kin, and to pay said next of kin
the amount owed by the State (operative paragraphs two and five of the
Judgment on reparations of November 26, 2002).
AND DECIDES:
1.
To call upon the State of Colombia to adopt all necessary measures to comply
promptly and effectively with the items pending fulfillment mentioned in declaratory
paragraph three above, pursuant to Article 68(1) of the American Convention on
Human Rights.
2.
To request the State of Colombia to submit before the Inter-American Court
of Human Rights, by January 12, 2009 at the latest, a report indicating all the
measures adopted to comply with the reparations ordered by the Court that are still
pending fulfillment (supra Considering clauses 17, 23 and 30).
3.
To request the representatives of the victims and the Inter-American
Commission on Human Rights to submit such observations as they may deem
relevant on the report of the State of Colombia mentioned in the previous operative
paragraph, within four and six weeks, respectively, from the moment they receive
the report.