investigation is insufficient and does not include details of those that were implemented,
such as their purpose and results. Furthermore, it failed to forward copies of the main
proceedings or any other document that would allow the Court to assess the actions taken
and the alleged progress indicated in the reports, even though the Court has requested this
documentation (supra having seen paragraph 10).
13.
In addition, the Court observes that the representatives and the Inter-American
Commission have indicated, among other matters, that the information presented by the
State does not reveal substantial progress or concrete results, and that Colombia merely
ordered procedures that had been implemented previously, such as taking statements from
various individuals, or finding others; that some procedures that were ordered have not
been carried out yet and that, during the investigation proceedings, the orders for
procedures that should be taken together are divided into different decisions.
14.
The Court recalls that it had requested the State to provide updated information on
compliance with the pending measures in its last Order, as well as on two subsequent
occasions (supra having seen paragraphs 5 and 11). Despite these requests, and that more
than two years have elapsed since the Court’s last order, and more than 15 years since the
judgment on reparations and costs (supra having seen paragraph 1), the State has not
presented substantial information that permits the Court to verify progress in compliance
with this measure.
15.
In this regard, Colombia must take all the necessary actions to comply promptly and
effectively with the measures ordered by the Court in the judgments. This obligation
includes the State’s duty to provide information on the actions taken to comply with the
operative paragraphs of the judgment. The Court finds it necessary to reiterate that prompt
observance of the State’s obligations to inform the Court of the way in which it is complying
with each measure ordered by the Court is essential in order to assess the status of
compliance with the judgment as a whole. Moreover, this is not fulfilled with the mere
formal presentation of a document; but rather, constitutes a two-fold obligation that, for
effective compliance, requires the formal presentation of a document within the established
time frame, containing specific, true, detailed and updated information on the issues to
which this obligation refers.7
2.
Without adequate information from the State, this Court is unable to exercise its
function of monitoring the execution of its judgments. It is worth recalling that providing
sufficient information on the measures taken is a State obligation established by this Court.8
The General Assembly of the Organization of American States has reiterated that “the need
for the States Parties to provide, in a timely fashion, the information requested by the Court
in order to enable it to meet fully its obligation to report on compliance with its
judgments.”9
7
Cf. Case of Bámaca Velásquez v. Guatemala. Monitoring compliance with judgment. Order of the InterAmerican Court of Human Rights of July 4, 2006, seventh considering paragraph, and Case of Loayza Tamayo v.
Peru. Monitoring compliance with judgment. Order of the Inter-American Court of Human Rights of September 22,
2006, seventh considering paragraph.
8
Cf. Case of the Five Pensioners v. Peru. Monitoring compliance with judgment. Order of the Inter-American
Court of Human Rights of November 17, 2004, fifth considering paragraph, and Case of Blanco Romero v.
Venezuela. Monitoring compliance with judgment. Order of the Inter-American Court of Human Rights of November
22, 2011, thirty-eighth considering paragraph.
9
Cf. inter alia, General Assembly, Resolution AG/RES. 2587 (XL-O/10) approved at the fourth plenary
session, held on June 8, 2010, entitled “Observations and recommendations on the Annual Report of the InterAmerican Court of Human Rights,” fourth operative paragraph, and General Assembly, Resolution AG/RES. 2652
(XL-O/11) approved at the fourth plenary session, held on June 7, 2011, entitled “Observations and
recommendations on the Annual Report of the Inter-American Court of Human Rights,” fifth operative paragraph.
5