9
taken to comply with the payment of pecuniary damages. Furthermore, he stated that
there has been no progress regarding all other reparations that remain unsettled.
24.
The comments filed by the Commission on June 22, 2006, after having been
granted an extension, namely:
a)
regarding to the payment of interest due to the delay in payment of the
compensation for moral damages, the Commission expressed concern about the
fact that over two months have elapsed after the State received the
computation made by the Ministry of Justice and there is still no information
available to verify that payment has been made. This becomes even worse if we
consider that the period of time originally granted by the Court has long
expired, the methods of compliance specified and the pressing need to redress
the violations against the aggrieved party;
b)
regarding to the investigation of the facts and punishment of the
perpetrators, the Commission considers that the State must provide adequate
information in a manner such that the Court may follow up the investigation
conducted to punish the perpetrators as well as the efficiency and efficacy of
the measures adopted to that end by the State;
c)
regarding to the payment of pecuniary damages, the Commission is
concerned over the obstacles and difficulties faced by Mr. Cesti to collect the
amount ordered in the arbitration award, and
d)
regarding to the annulment of the military proceedings and the effects
resulting therefrom, the Commission noted the lack of information regarding the
steps taken to comply with this obligation.
25.
The note of the Secretariat of June 29, 2006, whereby, following the President’s
instructions, it requested the State to submit, by August 1, 2006, information on the
progress made regarding compliance with the judgments of the Court in the instant
case, specifically on: 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.
26.
The briefs filed by the State on June 13 and 18, 2006 whereby it requested an
extension to meet the request made by the Secretariat.
27.
The note of the Secretariat of July 19, 2006, whereby, following the President’s
instructions, the State was granted the requested extension until August 31, 2006.
28.
The brief filed by the victim on August 29, 2006, requesting the Court to allow
his representative to come before the Court to present the issues that are hindering
compliance with the Judgments ordered in this case.
29.
The note of the Secretariat of September 1, 2006, whereby, following the
President’s instructions, the victim and the representative were informed that a
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