6
dealt with in the instant case not occur again (operative paragraph five
of the September 18, 2003, Judgment).
11.
That the Commission and the representatives of the victim and his next of kin
informed the Court that the representatives have requested, at the domestic level,
“that the decision of Section Six of the Penal Court, which declares the penal action
for offences committed against the victim, Walter Bulacio, expired, be revoked”
(supra Having seen 5 y 6).
12.
That the Court has already pointed out in the judgment on the merits,
reparations and costs delivered in the instant case that “concerning the expiration
alleged at the domestic level of the case pending […] this Court has indicated that
expiration provisions, or any other internal law obstacle through which attempts be
made to hamper the investigation and punishment of those responsible for human
rights violations are inadmissible.” 4
13.
That the Court shall bring into its consideration the overall status of
compliance with the September 18, 2003, judgment on the merits, reparations and
costs, and with this Order, upon receipt of the pertinent information on measures not
yet complied with and pending.
NOW, THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to supervise compliance with its decisions pursuant to the
provisions in Articles 33, 62(1), 62(3), 65, 67 y 68(1) of the American Convention on
Human Rights, Articles 25(1) and 30 of the Statute of the Court, and Article 29(2) of
its Rules of Procedure,
DECLARES:
1.
That the State has fully complied with the requirements in operative
paragraphs six to thirteen of the Judgment on the merits, reparations and costs
delivered by this Court on September 18, 2003, as to publication of said Judgment,
and compensation for material damages, immaterial damages, and costs and
expenditures.
2.
That it shall maintain open the procedure of supervision of compliance with
the requirements indicated in considering paragraph ten of this Order.
DECIDES:
1.
To require the State to adopt all measures deemed necessary to make
effective and to promptly observe the measures not yet complied with and pending,
which were ordered by the Court in its September 18, 2003, Judgment, in conformity
with the provisions in Article 68(1) of the American Convention on Human Rights.
2.
To require the State to submit, no later than January 31, 2005, a detailed
report on the progress made in the investigations relative to all facts of the case and
4
Case of Bulacio. Judgment of September 18, 2003. Series C No. 100, para. 116.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents