3
6.
That those States Parties to the American Convention that have accepted the
binding jurisdiction of the Court are under a duty to fulfill the obligations set by the
Tribunal. This obligation includes the State’s duty to report on the measures
adopted to comply with such decisions of the Court. Timely fulfillment of the State’s
obligation to report to the Court on the exact manner in which it is complying with
each of the aspects ordered by the latter is essential to evaluate the whole status of
compliance in this case. Furthermore, the General Assembly of the OAS has
reiterated that, in order for the Court to fully meet its obligations to report to the
General Assembly on compliance with its judgments, the States Parties need to
provide, in time fashion, the information requested by the Court.6
*
*
*
7.
That, in its Order of September 21, 2005 (supra, Second Having Seen
clause), the Court ordered the State to submit detailed information regarding the
only issue that is pending compliance related to the duty to investigate the facts of
the present case; identify, prosecute and punish those responsible and publish the
results of the corresponding investigation (fifth operative paragraph of the Judgment
on merits and reparations of the case at hand).
8.
That, in the report of April 23, 2007 (supra, Third Having Seen Clause), the
State informed that the Public Prosecutors Office on Human Rights of Guatemala was
investigating the facts of the present case contained in the file and it also gave
detailed information regarding the measures adopted by the State authorities from
1992 to 1999.
9.
That, the representatives pointed out that the State “did not submit real
information as to the advance of the investigation; rather the State only submitted
information regarding a past situation, including measures adopted three years
before the issuance of the Judgment” of the Inter-American Court. That, in the light
of the above, they requested the Tribunal to urge the State to submit information
regarding the measures taken as from November 2003, year in which such
Judgment was delivered (supra, fourth Having Seen Clause).
6
General Assembly, Order AG/ RES 2292 (XXXVII-O/07) adopted at the fourth plenary session,
held on June 5, 2007, entitled “Observations and Recommendations on the Annual Report of the InterAmerican Court of Human Rights.”
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