2
[…]
3.
The briefs dated January 22, February 22, and March 27, 2008; and June
25 and October 2, 2009, whereby the Republic of Guatemala (hereinafter
“Guatemala” or “the State”) reported on compliance with the Judgment.
4.
The briefs dated January 11, May 15 and October 1, 2008 and October 2,
2009, whereby the representatives of the victims (hereinafter “the
representatives”) submitted their comments on the reports forwarded by the
State.
5.
The communications dated May 15, 2008 and August 06, 2009, whereby
the Inter-American Commission on Human Rights (hereinafter, the “Commission”
or the “Inter-American Commission”) filed its observations on the reports
forwarded by the State.
6.
The communication from the Secretariat dated April 21, 2009, whereby,
following instructions by the President of the Court (hereinafter “the President”),
the Secretariat of the Court requested the State to submit updated and detailed
information about the steps it had taken in order to effectively apprehend Mr.
Juan Valencia Osorio.
7.
The Order by the President issued on August 14, 2009, whereby it
summoned the State, the Inter-American Commission and the representatives to
a private hearing to be held at the seat of the Inter-American Court on October 1,
2009.
8.
The private hearing held on October 1, 2009,1 in the course of which the
State, the Commission and the representatives dwelt on compliance with the
Judgment in the instant case.
Considering:
1.
That monitoring compliance with its own decisions is a power inherent to
the jurisdictional functions of the Court.
2.
That Guatemala has been a State Party to the American Convention
(hereinafter “the American Convention” or “the Convention”) since May 25, 1978,
and that it accepted the contentious jurisdiction of the Court on March 9, 1987.
3.
That since the Court Judgments are final and not subject to appeal,
pursuant to Article 67 of the American Convention, the States must comply with
them promptly and fully.
4.
That, pursuant to Article 68(1) of the American Convention, “[t]he States
Parties to the Convention undertake to comply with the judgment of the Court in
1
Pursuant to Article 6(2) of the Rules of Procedure, the Court held the hearing with the
following commission of Judges: Sergio García Ramírez, Rhadys Abreu Blondet and Leonardo A.
Franco. In such hearing there appeared, for the Inter-American Commission: Lilly Ching, counsel; for
the representatives of the victims: Helen Beatriz Mack Chang, President of the Fundación Mack [Mack
Foundation]; and for the State: Delia Marina Dávila Salazar, Agent for the State, and María Elena de
Jesús Rodríguez López, Deputy Agent.