7
g)
as regards to the submission of the first report of the State on the
measures adopted to comply with the Judgment: the State has given notice
of several actions that have been taken in order to comply with the measures
ordered by the Court; however, it has not yet submitted its first report on
compliance, and
h)
they requested the Court to hold a public hearing to analyze the
monitoring process of the Judgment delivered in the instant case.
4.
The briefs of the Inter-American Commission on Human Rights (hereinafter
"the Commission" or "the Inter-American Commission") of February 2, May 3 and
August 24, 2005 and June 8, 2006, wherein it submitted its comments on the
reports submitted by the State (supra Having Seen clause No. 2) and expressed,
inter alia, that:
a)
as regards to the effective investigation into the facts:
i.
compliance with this measure is still pending, as well as with
the measure ordering the publication of the outcome of the
investigations and punishment of those responsible. The State has
failed to provide specific information regarding measures adopted to
effectively comply with this reparation measure;
ii.
it should be assessed whether, during this period, the results of
the actions of the State aimed at conducting relevant investigations
have made it possible to infer that, within a reasonable term, the
requirements of the Tribunal will be met, and
iii.
the State must allow the victim "to have full access to and act
in all the stages and instances of the investigation and the
corresponding trial”.
b)
as regards to the written declaration wherein the State should
acknowledge its international responsibility and apologize to the victims: the
State has not apologized to Mr. Tibi and the other victims. The Commission
expresses its concern for the lack of information and apparent contempt of
the Judgment in this respect.
c)
as regards to the education and training program: the State has not
created the education and training program on rules and principles for
protection of human rights yet. Moreover, the Commission notes the lack of
information about actions aimed at complying with this obligation, and
emphasizes and reiterates how necessary and significant it is that the Court
instruct the State to adopt, forthwith, measures aimed at fulfilling, in good
faith, the international obligations that arise from the Judgment of the
Tribunal;
d)
as regards to the publication of the extract of the Judgment delivered
by the Court in the Official Gazette and in newspapers of national circulation
in Ecuador and France:
i.
the Commission acknowledges that, at first, the publication was
not duly made at the domestic level. The obligation was subsequently
fulfilled by the State with a publication on December 17, 2004.
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