11
norms of human rights treaties, but also to the procedural norms, such as those
referring to compliance with the decisions of the Court. These obligations shall be
interpreted and applied so that the guarantee protected is truly practical and
effective, bearing in mind the special nature of human rights treaties.3
7.
That, in view of the above, Paraguay must adopt all necessary measures to
comply effectively with the decisions of the Court in the judgment on merits,
reparations and costs of September 2, 2004, as well as in this order on the status of
compliance with the judgment. This obligation includes the State’s obligation to
report on the measures adopted to comply with the decisions of the Court in that
judgment. The prompt observance of the State’s obligation to inform the Court about
how it is complying with each aspect ordered by the latter is essential for assessing
the status of compliance in the case.
*
8.
That, when monitoring full compliance with the judgment on preliminary
objections, merits and reparations in this case, and having examined the information
provided by the State, the Inter-American Commission and the representatives, the
Court has verified that the State has complied with publishing the pertinent parts of
the judgment in the official gazette and in one of the newspapers with the highest
circulation in the country, in the terms stipulated (supra Having seen paragraphs 1,
4, 5, 7 and 8).
9.
That, although the State reported that it had complied with providing a place
in the Cementerio del Este for the remains of the victim, Mario del Pilar Álvarez
Pérez, the Court has no evidence that this measure has been executed. The Court is
extremely concerned because, despite the feasibility and relative simplicity of
executing this reparation, which, owing to its importance, should have been
complied with within 15 days, the Court has not been provide with any information
on the effective implementation of this measure. Consequently, it is essential that
the State provide detailed information and forward documentation that clarifies the
status of compliance with this reparation.
10.
That, although the representatives and the Commission agree that the State
has emphasized its interest in organizing a public act to acknowledge international
responsibility, this reparation has not been executed more than a year after the time
allotted to comply with it expired. Moreover, even though the State indicated that it
had begun setting up a committee to elaborate a State policy concerning children in
conflict with the law, this reparation should have been complied with within six
months of notification of the judgment. Furthermore, although some progress has
been made, it is clear that this has only been of a formal nature, through a series of
administrative actions, which have not translated into the concrete execution of this
obligation. The Court considers it extremely important that Paraguay elaborate the
public policies indicated in paragraphs 316 and 317 of the judgment of September 2,
3
Cf. the case of the Constitutional Court. Compliance with judgment, supra note 1, sixth
considering paragraph; the case of the 19 Tradesmen. Compliance with judgment, supra note 1, sixth
considering paragraph, and the case of Ricardo Canese. Compliance with judgment, supra note 1, sixth
considering paragraph. Also, cf., inter alia, the case of YATAMA. Judgment of June 23, 2005. Series C No.
127, para. 170; the case of the Yakye Axa Indigenous Community. Judgment of June 17, 2005. Series C
No. 125, para. 101; and the case of the Serrano Cruz Sisters. Judgment of March 1, 2005. Series C No.
120, para. 64.
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