11
32.
That the representatives informed that the State had paid CEJIL the amount set
as reimbursement of costs and expenses by means of a bank transfer made on
November 6, 2004. Notwithstanding, they argued that the payment of the State had
been partial, as it had been made through a payment order issued in favor of COFAVIC.
Finally, in response to the request of the Secretariat for a clarification regarding the
payment by the State of costs and expenses (supra Having Seen 8), by means of their
brief of August 11, 2008, the representatives argued that such obligation had been fully
complied with by the State.
33.
That the Commission noted that the State had fully complied with said obligation,
as the State paid the amount due to CEJIL by means of a bank transfer made on
November 6, 2004.
34.
That in view of the arguments of the State and the observations of the
representatives and of the Commission, the Court considers that the parties agree that
the State has made the payment due to CEJIL as reimbursement of costs and expenses.
Therefore, the Court considers that the State has fully complied with the measure
ordered in operative paragraph ten of the Judgment.
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35.
That at the private hearing, the State agreed to the proposal made by the
representatives as to the need to draw up a working plan to fix specific terms for
compliance with the operative paragraphs pending fulfillment, particularly, regarding the
progress achieved in the investigation, the exhumation of the victims and training and
education of the armed forces and security agencies in the matters listed above.
Furthermore, regarding a case in which in 2006 the Constitutional Chamber confirmed
the discontinuance of the criminal proceedings on account of the statute of limitations,
the State undertook to adopt all necessary measures so that the domestic competent
organs may seek proper recourse.
36.
That in view of the information submitted regarding the private hearing and in
consideration of the commitment undertaken by the State, the Court considers it
essential that Venezuela submit detailed, accurate and complete information regarding
the measures adopted so far, in addition to a working plan containing a schedule of the
steps and actions planned in order to comply with the measures ordered in operative
paragraphs one, two and four of the Judgment (supra Considering clauses 14, 22 and
30). Lastly, regarding the case in which in 2006 the Constitutional Chamber confirmed
the discontinuance of the criminal proceedings on account of the statute of limitations
(supra Considering clauses 8 to 10 and 16), the State shall inform on the necessary
steps that have been adopted so that the domestic competent organs may seek proper
recourse.
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