-44.
The brief of August 23, 2006, whereby the State submitted its report on
compliance with Judgment, as required by the Court in the fifteenth operative
paragraph of the Judgment (supra Having Seen clause No. 1). Basically, it reported as
follows:
a)
Regarding its duty to publish section VII, the required paragraphs from
sections IX and X, and the operative paragraphs of the Judgment in the Official
Gazette and in another large nation-wide circulation newspaper at least once,
such text was published in the La Gaceta Official Gazette on December 12, 13
and 14, 2005, and in the La Prensa newspaper on July 22, 2006. It provided a
copy of the July 22, 2006 publication in the “El Nuevo Diario” newspaper;
b)
Regarding publication of the full text of the Judgment on the State’s
official web site, it repeated the statements set forth in the brief of January 17,
2006 (supra Having Seen clause No. 2);
c)
Regarding the duty to publicize, via a radio station with a large coverage
area in the Atlantic Coast, section VII (Proven Facts), certain paragraphs of
sections IX and X and the operative paragraphs of the Judgment in Spanish,
Miskito, Sumo, Rama and English, at least four times at intervals of two weeks,
this was complied with in June, through broadcasts by various independent
radio stations in the Atlantic region. Regarding the publicizing in Rama, this
measure has not yet been complied with given the difficulty of finding a
translator; however, translation is currently under way, for which purpose the
Ministry of Foreign Affairs paid 50% of the translator’s fees;
d)
Regarding the creation of a simple, fast and effective judicial remedy to
review any decisions of the Supreme Elections Council that may affect human
rights, and repeal any provisions preventing said remedy from being pursued,
as well as the duty to amend Elections Law No. 331 of 2000, a draft
amendment bill has already been prepared, but the State is currently awaiting
submission of a draft amendment by YATAMA, which undertook to submit said
draft no later than April 30, 2006. The Inter-American Commission was asked
to provide a team of experts in order that, along with the State’s experts, they
may jointly prepare a draft that will meet the requirements set by the Court;
and
e)
Regarding compliance with the obligation to pay pecuniary and nonpecuniary damages and reimburse court costs and expenses, the incorporation
of said amounts into the 2006 budget was requested but not effected on
account of existing urgent social needs. The Ministry of the Treasury has been
requested to secure a budgetary expansion to be debated by the National
Assembly in September 2006.
5.
The brief of September 21, 2006, whereby the representatives of the victims
submitted their comments to the State’s report of August 23, 2006. Basically, they
stated as follows:
a)
Regarding the duty to publish section VII (Proven Facts), the required
paragraphs from sections IX and X and the operative paragraphs of the
Judgment in the Official Gazette and in another large national newspaper at
least once, such text was published in La Gaceta, the State’s Official Gazette,
and in the La Prensa newspaper, as reported by the State.