2
[P]aragraph [four] of th[e] Order. [Additionally, the Court decided that the report should
contain, among other things,] detailed information [on] the following:
a.
with respect to the obligation to investigate the facts of the case and
to identify, prosecute, and[, if applicable,] punish the responsible parties, the
State shall inform the Court of its efforts to ensure a mechanism by which the
victims can give their testimony with due guarantees for their safety and the
effective [safeguards of due] process;
b.
with respect to the recovery of the remains of the victims and their
delivery to the surviving [C]ommunity members, the State shall inform the
Court of the specific efforts taken to employ all technical and scientific means
available to recover the remains with due diligence. The State shall also report
on the status of its analysis of the human remains found […] in 1993;
c.
with respect to the adoption of such legislative, administrative, and
other measures as are necessary to ensure [the] property rights of the
members of the Moiwana [C]ommunity in relation to their [ancestral lands], the
State shall inform the Court of the composition and specific mandate of the
National Commission on Land Rights[,] as well as the status of its deliberations
[on the] develop[ment of] a national policy. The State shall also inform the
Court [on] the measures it has taken to achieve the ‘informed consent of the
victims’ in th[at] deliberative process;
d.
with respect to the community development fund, the State shall
inform the Court about the progress of the implementation committee in
developing concrete plans and proposals […] with the goal of providing for the
health, housing[,] and education of the Moiwana [C]ommunity and provide
information about any […] projects that have been funded. The State shall also
inform the Court on the funds transferred and the measures taken in order to
establish an operative budget [that] guarantee[s] that the Committee can
[carry out necessary operative and logistical functions in accordance with] its
mandate; and
e.
with regard to the memorial, the State shall inform the Court about
the status of the project’s completion [and include] photographs or other
descriptions[, as available].
[…]
4.
The Secretariat’s notes of October 23, 2008, and May 13, 2009, in which the
State was advised that in accordance with Operative Paragraph two of the
aforementioned Order, the deadline for the submission of a detailed report on its
implementation of the reparations ordered by the Tribunal had expired on March 25,
2008, yet no report had been received. Accordingly, the Secretariat requested that
the State submit such a report as soon as possible. Subsequently, through the
Secretariat’s note of September 2, 2009, the State was given a new deadline for the
submission of a report on its compliance with the Judgment. This deadline expired on
October 2, 2009, yet no report was received. Thus, through the Secretariat’s note of
October 22, 2009, the State was again asked to submit a report on compliance as
soon as possible. The State did not submit the report requested.