8
son is buried. Accordingly, they requested the Court to require the State to
provide the necessary guarantees concerning the granting of a definitive place
for the burial of the remains of the former intern, and
f) From the State’s report, there was no evidence that the Executive Branch had
introduced the payment of the compensation in this case into the budget
submitted to the National Congress. In this regard, the failure of the State to
present a precise timetable concerning the way in which the compensation
would be paid made it impossible to assess progress in compliance with this
aspect.
8.
The brief of December 19, 2005, in which, after having been granted an
extension, the Inter-American Commission on Human Rights (hereinafter “the
Commission” or “the Inter-American Commission”) presented observations on the
State’s report (supra Having seen paragraph 5), and considered that:
a) The State had taken a series of administrative steps to comply with the
judgment;
b) A dispute existed regarding the provision of a place for the burial of the son of
Mrs. Pérez. Moreover, the State should have complied with this obligation
within 15 days and, considering its simplicity and specificity, there should
have been no major delay. Consequently, the Commission deemed it
pertinent that the State should be required to present appropriate and specific
information on compliance with this obligation;
c) Although the publications of the pertinent part of the judgment had been
made more than six months after the judgment had been notified, the State
had complied fully with this aspect; accordingly, there was no longer any
need to monitor it;
d) The establishment by the State of short, medium and long-term policies
concerning children in conflict with the law was extremely important. In
addition, the Commission considered that it was of fundamental importance to
ensure the non-repetition of the facts. The Commission agreed with the
representatives that more than a year had elapsed since notification of the
judgment and the task force responsible for drawing up these policies had not
been created. Regarding the public acknowledgement of responsibility,
although the State had underscored the intention of both the President of the
Republic and other authorities, there had been no formal progress in
compliance; therefore the Commission considered that the State had failed to
comply with this obligation;
e) Based on the information provided by the other parties concerning medical,
psychological, vocational and educational assistance, the Commission
considered that some measures had been taken towards compliance, but it
was not possible to determine whether the measures of reparation ordered by
the Court had been executed. In addition, most of the progress had been
administrative, rather than in relation to the direct assistance to the victims
and their next of kin established in the judgment. It was also concerned about
the health situation of some of the victims who were deprived of their liberty.
Lastly, the Commission considered that the State should submit more
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