11
recording the delivery of a cheque to the legal representatives of the Awas Tingni
Community (supra Having seen paragraph 4), corresponding to the payment made by
the State to the Inter-American Commission, in compliance with the seventh operative
paragraph of the Judgment.
42.
That the representatives indicated in their observations of November 17, 2004,
that “Nicaragua complied with the [seventh] operative paragraph [of the Judgment] on
April 16, 2002, when it delivered a check […] for legal costs to the Community through
the Inter-American Commission […].”
43.
That, based on the statements of the parties during the private hearing on
compliance held on May 3, 2008, the Court observes that there is no dispute regarding
the status of compliance with this operative paragraph.
44.
That the Court considers that the State has fully complied with the seventh
operative paragraph of the Judgment.
*
*
*
45.
That regarding the “requests for additional reparations” and the “supplementary
request for additional reparations” (supra Having seen paragraph 3), the
representatives asked the Court to “demand” that the State assume responsibility for
failing to comply with the Judgment of the Court of August 31, 2001, and
“consequently, to order Nicaragua to compensate the Community for the damage it
has suffered and continues to suffer owing to the State’s failure to comply with […] the
Court’s rulings,” and also to pay costs and expenses. In this regard, they indicated that
the Court has the powers to require that its decisions are complied with and this power
“includes the power to require additional reparations for the damage arising from the
State’s failure to comply with the Court’s rulings.”
46.
That, given the allegations of the representatives and based on the Court’s case
law, at this stage of monitoring compliance, the Court is empowered to give
instructions at the request of a party or motu propio relating to compliance with or
implementation of the measures of reparation ordered in its Judgment delivered on
August 31, 2001, so that the operative paragraphs of this Judgment are complied with.
Nevertheless, this does not imply that it can order measures of reparation that differ
from those it has already ordered so as to modify the Judgment. The Court also
observes that, even though the representatives can submit their requests, arguments
and evidence autonomously throughout the proceedings (as established in Article 23 of
the Rules of Procedure), in this case the Court is unable to rule on new facts and
claims that are not part of the measures of reparation that have already been ordered.
Consequently, the Court rejects as inadmissible the requests for additional reparations
submitted by the representatives in this case.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its decisions and in accordance
with Articles 33, 62(1), 62(3), 65, 67 and 68(1) of the American Convention on Human
Rights, 25(1) and 30 of its Statute, and 29(2) of its Rules of Procedure,