16
responsible for serious human rights violations, in the terms of the treaty obligations
assumed by the States.6
*
*
*
13.
That, in the fourth operative paragraph of the judgment on reparations, the
Court decided that “the Colombian State [was] obliged to continue its efforts to
locate and identify the remains of the victims and deliver them to their next of kin.”
14.
That the most recent measures taken by the State that appear in the case file
regarding finding the remains of the victims and delivering them to their next of kin
correspond to the unsuccessful exhumations conducted in 1995, and that the Office
of the Attorney General has indicated that it had not been able to order other
exhumation procedures for reasons of public order. This matter is still pending
compliance, because a State may not invoke provisions of domestic law to justify
non-compliance with an international obligation. In this respect, the Court deems it
necessary that the State forward specific, updated information on the measures
taken to comply with the obligation to locate and deliver the remains of the victims.
*
*
*
15.
That, with regard to the matters that Colombia has complied with (supra
subparagraphs (a) and (b) of the sixth considering paragraph), this Court considers
that it is not pertinent to request any further information.
16.
That the pending matters (supra subparagraphs (b) and (c) of the sixth
considering paragraph, and eighth, eleventh and twelfth considering paragraphs)
must be complied with by the State forthwith. Consequently, the State must
forward a report on the matters pending compliance indicated by the Court and,
subsequently, the representatives of the victims and their next of kin, and the InterAmerican Commission must present their comments on the State’s report.
17.
That the Court will consider the general status of compliance with its
judgments on merits of December 8, 1995, and on reparations of January 29, 1997,
when it has received the said State report and the corresponding comments of the
Inter-American Commission and the representatives of the victims and their next of
kin.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its decisions and in
accordance with Articles 67 and 68(1) of the American Convention on Human Rights,
Article 25(1) of its Statute and Article 29(2) of its Rules of Procedure,
DECLARES:
6
Cf. Bulacio case, supra note 2 paras. 116 and 117; Trujillo Oroza case, Reparations, supra note 2,
para. 106; Benavides Cevallos case. Compliance with judgment, supra note 3, sixth considering
paragraph; and Barrios Altos case, supra note 2, para. 41.
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