10
Court finds that the State has complied fully with the obligation to pay the compensation for
non-pecuniary damage in favor of the victims and the costs and expenses of the
proceedings, pursuant to the fifteenth operative paragraph, sub-paragraphs (a), (b), (c),
(d), (e), and (f), and the sixteenth operative paragraph. Regarding the said payments, the
representatives argued that the State had not paid the corresponding interest and the Court
will now refer to this matter.
27.
That, as regards the payment of the interest corresponding to the amounts indicated
in paragraphs 24, 25 and 26 of this Order, based on the observations of the representatives
and the provisions established in paragraphs 2784 and 2795 of the judgment, according to
which the State must “pay interest on the amount owed, in accordance with the bank
interest rate on arrearages in Ecuador,” should the payment of compensation not be made
within the year following notification of the judgment, the Court finds it essential that the
State refer to the observations of the representatives on the alleged failure to pay interest
and submit any information it deems pertinent in this regard.
*
*
*
28.
That the Court assesses that the fourteenth operative paragraph, subparagraphs (a)
and (c), and the fifteenth and sixteenth operative paragraphs have been complied with
totally, and that the twelfth operative paragraph has been complied with partially. It also
recognizes the measures taken with regard to the thirteenth operative paragraph of the
judgment, which constitute a relevant advance by the State in the execution and
implementation of the Court’s judgment.
29.
That the Court will consider the general status of compliance with the judgment on
preliminary objections, merits, reparations and costs of September 7, 2004, when it has
received pertinent information on the aspects of the reparations that are pending
compliance.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its decisions and in accordance with
Articles 67 and 68(1) of the American Convention on Human Rights, 25(1) and 30 of its
Statute, and 30(2) of its Rules of Procedure,6
4
It establishes that “[i]f the State incurs arrearages, it shall pay interest on the amount owed in accordance
with the bank interest rate on arrearages in Ecuador.
5
It establishes that “[a]s was established and has been the practice in all the cases it has heard, the Court
will oversee compliance with all aspects of this judgment. This oversight is inherent in the jurisdictional authority of
the Court and is necessary for due observance, by the Court itself, of Article 65 of the Convention. The case will be
closed once the State has fully complied with all aspects of the ruling. Within one year of notification of this
judgment, the State shall submit its first report to the Court on measures taken to comply with the judgment.”
6
Adopted by the Court during its forty-ninth regular session held from November 16 to 25, 2000, and partially
amended by the court at its eighty-second regular session held from January 19 to 31, 2009, which is applicable in the
instant case.