14
b)
investigation of the facts surrounding this case and punishment of the
perpetrators;
c)
payment of pecuniary damages, and
d)
annulment of
therefrom.
the military proceedings
and the effects
resulting
AND DECIDES:
1.
To order the State to adopt all such measures as may be necessary to promptly
and duly comply with the orders of the Court in the Judgment on the merits of
September 29, 1999 and in the Judgment on reparations of May 31, 2001, in
accordance with the provisions set out in Article 68(1) of the American Convention on
Human Rights.
2.
To request the State to submit to the Inter-American Court of Human Rights, by
January 19, 2007, a detailed report specifying such measures as may have been
adopted to comply with the reparations set out in declarative paragraph number one of
this Order, specifically: a) the measures adopted to comply with the payment of
interest on the amount of compensation for moral damage; b) the investigation of the
facts of the instant case and punishment of the perpetrators, making specific reference
to the allegations of the victim's representative and the Commission that "not all
persons involved are being prosecuted[,] and the crimes for which they are being
prosecuted as well as the facts surrounding the case are different from those which
should be included in the State report;” c) the measures adopted to make payment of
pecuniary damages, and d) any progress made in the annulment of the military
proceedings and the effects resulting therefrom.
3.
To request the victim, or his representative, and the Inter-American
Commission on Human Rights to submit comments on the State report mentioned in
the foregoing operative paragraph within a period of four and six weeks respectively,
following receipt thereof.
4.
To continue monitoring compliance with the provisions of the Judgment on the
merits of September 29, 1999 and the Judgment on reparations of May 31, 2001 that
have not been complied with.
5.
To request the Secretariat of the Court to notify this Order to the State, the
Inter-American Commission on Human Rights and the victim.
Sergio García-Ramírez
President
Alirio Abreu-Burelli
Antônio A. Cançado Trindade
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