-7principle applies not only in connection with the substantive provisions of human rights
treaties (i.e. those dealing with the rights thereby protected) but also in connection
with procedural rules, such as the ones concerning compliance with the decisions of
the Court. Such obligations are to be interpreted and enforced in a manner such that
the protected guarantee is truly practical and effective, considering the special nature
of human rights treaties.3
7.
That those States Parties to the Convention that have accepted the binding
jurisdiction of the Court are under a duty to fulfill the obligations set by the Court. 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 status of compliance with the Judgment as a
whole.
*
*
*
8.
That, in monitoring comprehensive compliance with the Judgment on
preliminary objections, merits, reparations and costs delivered in the instant case, and
after having analyzed the information supplied by the State, the Inter-American
Commission and the victims’ representatives in their briefs on compliance with
reparations (supra Having Seen clauses No. 2, 4, 5, and 6), the Court has verified
which aspects of such Judgment have been fully and partially complied with by
Nicaragua, and which reparations are still pending compliance.
9.
That the Court has verified that the State has complied with its obligation to:
a)
Publish section VII (Proven Facts), paragraphs 153, 154, 157 to 160,
162, 164, 173, 175, 176, 212, 218, 219, 221, 223, 224, 226 and 227, from
sections IX and X, dealing with the violations found by the Court, and the
operative paragraphs of the Judgment at least once in the Official Gazette and
in another large nation-wide circulation newspaper (sixth operative paragraph
of the Judgment of June 23, 2005). Based on the documents submitted by the
State, the Court has verified that the aforementioned portions of the Judgment
were published in the La Gaceta Official Gazette on December 12, 13 and 14,
2005, and in the “El Nuevo Diario” newspaper on July 22, 2006. Furthermore,
the State, as well as the representatives and the Commission, have all stated
that such portions of the Judgment were also published in the La Prensa
newspaper;
b)
Publish the full text of the Judgment on the State’s official web site
(seventh operative paragraph of the Judgment of June 23, 2005). The Court
has verified that the “Other issues of interest” section of said web page features
a direct link to the full text of the Judgment.
10.
That the Court has verified that Nicaragua has partially complied with its duty to
publicize, via broadcast by a radio station with a large coverage area in the Atlantic
Coast, the required paragraphs of section VII (Proven Facts) and of sections IX and X,
3
Cf. Case of Bámaca-Velásquez. Monitoring Compliance with Judgment, supra note 1, Considering
clause No. 6; Case of the “Five Pensioners”, supra note 1, Considering clause No. 8; and Case of 19
Tradesmen, supra note 1, Considering clause No. 6.