Order, and without prejudice to the indications below regarding the continuous or
permanent nature of the forced disappearance of persons and the non-application of
the statute of limitations to this offense, the State has partially complied with the
following measure of reparation:
define the offense […] of forced disappearance of persons […]
(Operative Paragraph 16 of the Judgment).
3.
That it will keep open the procedure to monitor compliance with the following
operative paragraphs pending compliance:
a)
investigate the facts that gave rise to the violations in the instant case,
and identify, prosecute and, if applicable, punish those responsible (Operative
Paragraph 12 of the Judgment);
b)
provide the medical and psychological care required by Graciela De León
de Rodríguez, Patria Portugal and Franklin Portugal, immediately and free of
charge, through its specialized health care institutions (Operative Paragraph 15
of the Judgment) and
c)
define the offense of forced disappearance of persons, so that its
legislation includes the continuous or permanent nature of the offense of forced
disappearance and the non-application of the statute of limitations to criminal
proceedings and the penalty for this offense, in accordance with the terms of
considering paragraph 23 of this Order (Operative Paragraph 16 of the
Judgment).
AND DECIDES:
1.
To require the State of Panama to adopt all such measures as are necessary to
promptly and effectively comply with the operative paragraphs pending compliance,
indicated in Declarative paragraph two, under the terms of Article 68(1) of the
American Convention on Human Rights.
2.
To request the State of Panama to submit to the Inter-American Court of
Human Rights, no later than October 31, 2012, a report specifying the measures it has
adopted to comply with the reparations ordered by this Court that are still pending
compliance, as indicated in Considering paragraphs 12, 17 and 24, as well as in
Declarative paragraph 3 of this Order.
3.
To call upon the representatives and the Inter-American Commission on Human
Rights to submit their observations to the State’s report referred to in the preceding
operative paragraph, within a period of four and six weeks, respectively, as from the
date of receipt thereof.
4.
To require the Secretariat of the Court to notify the instant Order to the State
of Panama, the Inter-American Commission and the representatives of the victims.
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