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THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its decisions pursuant to
Articles 33, 62(1), 62(3), 67 and 68(1) of the American Convention on Human
Rights, Articles 24 and 30 of its Statute, and Articles 31(2) and 69 of its Rules of
Procedure,
DECLARES THAT:
1.
In accordance with the provisions of considering paragraphs 7 through 11 of
this Order, the State is not complying with its obligation to inform the Court about
the measures taken to comply with its rulings in the judgments on merits and on
reparations delivered on November 3, 1997, and November 27, 1998, respectively.
2.
It will keep the procedure of monitoring compliance open with regard to the
obligation to adopt available measures to determine the whereabouts of Ernesto
Rafael Castillo Páez, which is still pending.
AND DECIDES:
1.
To require the Republic of Peru to adopt all necessary measures to comply
promptly and effectively with the second operative paragraph of this order, in
accordance with the provisions of Article 68(1) of the American Convention on
Human Rights.
2.
To request the Republic of Peru to present to the Inter-American Court of
Human Rights, by July 15, 2011, at the latest, a report indicating all the measures
adopted to comply with the pending obligation, in accordance with the seventh to
eleventh considering paragraphs of this Order.
3.
To require the State, following presentation of the report required in the
preceding paragraph, to continue reporting to the Court every three months on the
measures taken to comply with the pending obligation.
4.
To request the representatives of the victims and the Inter-American
Commission on Human Rights to present any observations they deem pertinent on
the reports of the Republic of Peru mentioned in the second and third operative
paragraphs within four and six weeks, respectively, of receiving them.
5.
To continue monitoring compliance with the judgment on merits of
November 3, 1997, and on reparations of November 27, 1998.
6.
To order the Secretariat of the Court to notify this Order to the Republic of
Peru, the Inter-American Commission on Human Rights, and the representatives of
the victims.
Leonardo A. Franco
Acting President