4
10.
That the Commission remarked that the “State limited to repeat the
investigative measures adopted between 1992 and 1999, all of which appear in the
Judgment of the Court and have been already assessed at that time.” As a result,
the Commission hopes that in the next report the State submits detailed and up to
date information about the compliance with its obligations to investigate the facts;
prosecute and punish the responsible and publish the results of the respective
investigation (supra Fifth Having Seen clause).
11.
That, the information submitted by the State in its report of April 23, 2007
(supra, third Having Seen clause), three months after the expiration of the term
fixed for the submission, constitutes a clear evidence that the State has not fulfill the
only issue that is still pending compliance in the present case. That, as pointed out
by the representatives and the Inter-American Commission, the information
submitted by the State so far relates to the measures adopted by the Office of the
public prosecutor and the courts of Guatemala between 1992 and 1999; all of which
has been already assessed by the Tribunal in the Judgment on merits, reparations
and legal costs of the present case (supra, first Having Seen clause).
12.
That the aspect that is still pending compliance (supra, Seventh Considering
clause) must be promptly fulfilled by the State. That, as a result, it is essential for
the State to report on whether it has adopted any kind of measure as from
the delivery of the Judgment on merits, reparations and legal costs of
November 27, 2003 in order to comply with the duty to effectively investigate
the facts of the present case as well as to identify, prosecute and, if applicable,
punish those responsible. Afterwards, the representatives as well as the InterAmerican Commission will have the opportunity to submit the respective
observations to the State’s report.
13.
That, the Court will consider the general status of compliance with the
Judgment and of the present Order, once it is provided with relevant information
regarding its compliance.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents