7
and it even received two new opportunities from the Court to submit it (supra Considering
Clause 10). However, the State has not provided information to allow the Tribunal to
determine the state of compliance of the Judgment. Without the due information from the
State, this Court cannot exercise their monitoring role of the implementation of the
Judgment. In order to ensure and guarantee the implementation of protective measures
and reparations, the Court must be able to verify and get information on the
implementation of the Judgment, which is "the materialization of the protection of the
right recognized in the judicial ruling through the ideal application of said ruling."8
17.
In its Order of April 28, 2009 the Court noted that "[i]n case of further
incompliance by the State to [submit its report], the Court [would] assess the possibility
to convene a hearing on compliance." Furthermore, the President noted that both the
common intervener and the State have requested the Court to conduct hearings regarding
compliance of this case (supra Having Seen 7 and 8).
18. In virtue of the above considerations, the President-in-Office considers that as such
times it is appropriate and necessary to convene a private hearing so that the InterAmerican Court receives full up-to-date information on compliance with the outstanding
points of the Judgment, and hear the observations of the common intervener and the
Inter-American Commission in this regard.
THEREFORE:
THE PRESIDENT-IN-OFFICE OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercising the authority to monitor compliance with its decisions in accordance with
Articles 33, 61(1), 68(1) of the American Convention on Human Rights, Article 24(1),
25(1) and 25(2) of the Statue, and Article 31 and 4(2), 15(1), 31 and 69 of its Rules of
Procedure,
AND RESOLVES:
1.
Summon the State of Peru, the Human Rights Commission and the common
intervener of representatives of the victims and their families to a private hearing to be
held at the headquarters of the Inter-American Court of Human Rights on February 26,
2011, from 9:00 am until 10:30 am during the XC Ordinary Session, in order for the Court
to obtain information from the State on compliance with the outstanding points of the
Judgment issued in this case and hear the observation of the common intervener of the
representatives of the victims and their families, and the observations of the InterAmerican Commission on Human Rights in this regard.
2.
To request the Secretariat of the Court to notify this Order to the State of Peru, the
Inter-American Commission on Human Rights and the common intervener of the
Cf. Case of Baena Ricardo et al. Panama, supra note 1, para. 73; Case of El Amparo v. Venezuela. Monitoring
Compliance with Judgment Order of the Court of February 4, 2010,Considering Clause twenty-one, and Case of
De la Cruz Flores v. Peru. Monitoring Compliance with Judgment Order of the President of the Court of December
21, 2009, Considering Clause twenty-four.