5
21.
The brief of the Commission of December 21, 2005, in which it indicated that:
(a) “It appreciated the State’s compliance with the obligation to pay the interest
on arrears and, consequently, found that the State has complied with its
obligation regarding one of the decisions of the judgment on reparations”;
(b) “The State has not complied with its obligation to conduct an effective
investigation to identify and punish those responsible for the facts, 17 years
after the massacre occurred,” and
(c) “It reiterates the position expressed in its brief of October 13, 2005 (supra
Having seen paragraph 17), in which it requested the Court to require the
State to take concrete actions to allow the investigations to be re-opened,
granting the civil jurisdiction authority to conduct proceedings to determine
responsibilities and establish the corresponding sanctions.”
22.
The note of the Secretariat of January 23, 2006, in which it requested the
State to forward, by January 31, 2006, at the latest, appropriate vouchers
authenticating the payment made by the State to the victims or to their next of kin,
in compliance with the judgment on reparations delivered by the Court in this case.
The communication of the State of January 27, 2006, and its attachments,
23.
with which it forwarded copy of Judicial Inspection No. 473-05 “made by the Civil,
Mercantile, Agrarian, Transit and Banking Court of First Instance of the Judicial
Circuit of the state of Apure-Guasdualito on November 30, 2005, certifying the
cancellation procedure carried out by the Venezuelan State” to the [successors] and
survivors of the tragedy [of El] Amparo, for interest on arrears […], recording all
those who received the respective payment. Also, on the instructions of the President
of the Court, the State was requested to forward, by February 17, 2006, at the
latest, information authenticating the payment that corresponded to each of the
beneficiaries who did not attend the said procedure.
24.
The communication of the State of February 6, 2006, and its attachments,
with which it forwarded copies of “the final settlement certificates” signed by the
beneficiaries of the payments.
CONSIDERING:
1.
That one of the inherent attributes of the jurisdictional functions of the Court
is to monitor compliance with its decisions.
2.
That the State of Venezuela has been a State Party to the American
Convention since August 9, 1977, and accepted the compulsory jurisdiction of the
Court on June 24, 1981.
3.
That Article 68(1) of the American Convention stipulates 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.” To this end, the States must ensure the
implementation at the domestic level of the rulings of the Court in its decisions.1
1
Cf. Case of the Constitutional Court. Compliance with judgment. Order of the Inter-American
Court of Human Rights of February 7, 2006, third considering paragraph; Case of the 19 Tradesmen.
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