3
a)
even though two years had elapsed and the terms established by the
Court had expired, the Dominican Republic failed to adopt measures aimed at
complying with unfulfilled operative paragraphs of Judgment of the Court;
b)
regarding the sixth operative paragraph, they requested that “[t]he
notice of willingness made by the representatives in September, 2005 be
deemed ineffective insofar they moved for an omission of the names from the
Judgment,” said request was granted by the Court in October, 2005;
c)
with regard to the seventh operative paragraph, the State had refused
to implement the measures aimed at publicly acknowledging its international
responsibility and apologizing to the victims; it had also failed to contact them
to effectively make the public acknowledgment of state responsibility. They
also pointed out that the State had made an interpretation that implied a
failure to assume its obligation to comply with the seventh operative
paragraph and requested the Court to recall the State that compliance with
the obligation to acknowledge its international responsibility and apologize to
the victims necessarily implies the participation of the victims, their next of
kin and representatives;
d)
as concerns the payments ordered as compensation, they were able to
verify the information submitted by the State as they were present when
payments were made. They also noted that no interest was either paid or
claimed despite it had accrued for almost six months since expiration of the
term for compliance with said obligation; and
e)
regarding the adoption of domestic legal measures, they considered
that, as two years had elapsed and the eighth operative paragraph of the
Judgment remained unfulfilled, the likelihood of a legal reform of the
procedure and requirements for acquiring Dominican nationality based on late
declaration of birth being implemented was low.
6.
The briefs submitted by the Inter-American Commission on Human Rights
(hereinafter the “Commission” or the “Inter-American Commission”) on May 19 and
December 18, 2006, and November 27, 2007, whereby it presented comments on
the means of compliance with the Judgment and stated, inter alia, that:
a) the State failed to comply with its obligation to publish the facts and
operative paragraphs of the Judgment as ordered by the Court in the sixth
operative paragraph of the Judgment. As a consequence, it requested the
Court to recall the State its obligation to comply therewith;
b)
it did not agree with the interpretation made by the State of the
seventh operative paragraph of the Judgment. The communication whereby
the Court requested the State to afford certain confidentiality to the names of
the victims and their next of kin is very clear in that it requested that the
names of the victims and their next of kin be omitted in the publication of the
relevant parts of the Judgment, but this does not prevent it from organizing a
public act to acknowledge its international responsibility and apologizing to
the victims and their next of kin;
c)
it acknowledged the statements of the State regarding payment of the
compensations for non-pecuniary damage and reimbursement of costs and
expenses made on February 15 and March 21, 2007. It also beheld with
satisfaction that the orders of the Court under ninth and tenth operative
paragraph of the Judgment had been complied with; and
d)
it was awaiting further reports from the State on compliance with the
remaining obligations set out in the Judgment.