2
f)
the duty to publicize via broadcast by a radio station with widespread coverage
on the Atlantic Coast the paragraphs stated in Chapter VII (Proven Facts), Chapters IX
and X, and the operative paragraphs of the Judgment (eighth operative paragraph of
the Judgment of June 23, 2005).
4.
The communication of December 6, 2008, through which the Republic of Nicaragua
(hereinafter the “State” or “Nicaragua”) submitted a report regarding the advances in its
compliance with the Judgment issued by the Tribunal in the present case.
5.
The brief of January 5, 2009, whereby the representatives of the victims (hereinafter
“the representatives”) submitted their observations to the report submitted by the State
(supra Having Seen 4). In the aforementioned brief, the representatives requested that this
Tribunal summon the parties to a hearing on the supervision of compliance with the
Judgment.
6.
The communication of March 12, 2009, whereby the Inter-American Commission on
Human Rights (hereinafter “Commission” or “Inter-American Commission”) submitted its
observations on the report submitted by the State (supra Having Seen 4).
7.
The Order issued by the President of the Tribunal (hereinafter “the President”) of
April 21, 2010, whereby he called the State, the representatives, and the Inter-American
Commission to a private hearing with the purpose of receiving information by the State on
its compliance with the Judgment issued in the present (supra Having Seen 1) and to hear
the observations of the Inter-American Commission and the representatives in that regard.
8.
The private hearing held by the Court at its seat in San José, Costa Rica, on May 26,
2010.1
CONSIDERING:
1.
That monitoring compliance with its decisions is a power inherent to the jurisdictional
functions of the Court.
2.
That Nicaragua is a State Party to the American Convention on Human Rights
(hereinafter the “American Convention” or the “Convention”) since September 25, 1979 and
accepted the adjudicatory jurisdiction of the Court according to Article 62 of the Convention
on February 12, 1991.
3.
That Article 68(1) of the American Convention establishes that “[t]he States Parties
to the Convention undertake to comply with the judgment of the Court in any case to which
they are parties”. The treaty obligations of the States Parties bind all the powers or
functions of the State.2
1
To this hearing appeared: a) for the Inter-American Commission: Lilly Ching, Specialist Attorney of the
Executive Secretary; b) for the representatives of the victims: Brooklyn Rivera (YATAMA), Norwin Solano
(CENIDH), Alejandra Nuño (CEJIL), Marcia Aguiluz (CEJIL) and Georgina Vargas (CEJIL), and c) for the State of
Nicaragua: María Elsa Fixione Ocón, Coordinator of the International Criminal, Human Rights and Humanitarian
Affairs of the Attorney General´s Office of the Republic, and Ana Cecilia Navarro Mierisch, Legal Advisor of the
Nicaraguan Embassy.
2
Cf. Case of Baena Ricardo and Others v. Panamá. Competence. Judment of November 28, 2003. Series C
No. 104, par. 60; Case of Las Palmeras v. Colombia. Supervision of Compliance with the Judgment. Order of the
Inter-American Court of Human Rights of February 3, 2010, Considering third, and Case of Cesti Hurtado v. Perú.
Supervision of Compliance with the Judgment. Order of the Inter-American Court of Human Rights of February 4,
2010, Considering third.