10
invoke the provisions of domestic law to try and prevent the investigation and
punishment of those responsible for human rights violations2.
7.
That, with regard to the aspects that Ecuador has already complied with
(supra subparagraphs (a), (b) and (c) of the sixth considering paragraph), this Court
considers that it is not relevant to request any further information.
8.
That the aspects that have not yet been complied with (supra subparagraphs
(d) and (e) of the sixth considering paragraph) must be carried out by the State as
soon as possible. Consequently, Ecuador must forward a report on the aspects
pending compliance indicated by the Court and, subsequently, the representative of
the victim and his next of kin, and the Inter-American Commission must present
their comments on the State’s report.
9.
That the Court will consider the general status of compliance with its
judgments on merits of November 12, 1997, and on reparations of January 20,
1999, when it has received the State’s report and the corresponding comments on
those measures of reparation (supra eighth considering paragraph).
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its decisions and in accordance
with Articles 67 and 68(1) of the American Convention sobre Derechos Humanos,
Article 25(1) of its Statute and Article 29(2) of its Rules of Procedure,
DECLARES:
1.
That the State has complied with the provisions of the first, second
(subparagraphs (a) and (b)) and third operative paragraphs of the judgment on
reparations delivered by the Court on January 20, 1999, as regards:
a)
Non-enforcement of the fine imposed on Rafael Iván Suárez Rosero, as
stated in subparagraph (a) of the sixth considering paragraph of this Order;
b)
Elimination of the name of Rafael Iván Suárez Rosero from the
Register of Criminal Records of the National Police and the Register of the
National Council of Narcotic Drugs and Psychotropic Substances, as stated in
subparagraph (a) of the sixth considering paragraph of this Order;
c)
The payments ordered in favor of Rafael Iván Suárez Rosero and
Margarita Ramadán Burbano, as stated in subparagraph (b) of the sixth
considering paragraph of this Order; and
d)
Payment of the costs and expenses ordered in favor of Alejandro
Ponce Villacís and Richard Wilson, as stated in subparagraph (c) of the sixth
considering paragraph of this Order.
2
Cf. Bulacio case. Judgment of September 18, 2003. Series C. No. 100 paras. 116 and 117;
Trujillo Oroza case, Reparations, (Art. 63.1 of the American Convention on Human Rights). Judgment of
February 27, 2002, Series C. No. Series C No. 92. para. 106; and Barrios Altos case, Judgment of March
14, 2001. Series C No. 75 para. 41.
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