11
“express[ed] their conformity with the steps taken by the State [in that regard].12” In
addition, it observes that the representatives’ assertions are not accompanied by any
evidence of non-compliance by the State. Therefore, it reiterates that the State has
complied with operative paragraph eight of the Judgment.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of its authority to monitor compliance with its own decisions pursuant to Articles
33, 62(1), 62(3), 65, 67, and 68(1) of the American Convention on Human Rights, and
Articles 25(1) and 30 of the Statute and 31 and 69 of its Rules of Procedure,13
DECLARES THAT:
1.
In conformity with that indicated in Considering paragraphs 11 and 22 of the instant
Order, the State has fully complied with the following obligations:
a)
inform the relevant private institutions that they shall eliminate from their
records any reference to Juan Carlos Chaparro Álvarez and Freddy Hernán
Lapo Íñiguez as authors or suspects of the criminal act of which they were
accused in this case (operative paragraph nine of the Judgment), and
b)
adapt its internal legislation to the parameters of the American Convention on
Human Rights (operative paragraph eleven of the Judgment).
2.
The State has partially complied with the obligation to disseminate the Judgment by
television (operative paragraph ten of the Judgment), in conformity with that indicated in
Considering paragraph 16.
3.
It will maintain open the monitoring procedure until the obligations pending
compliance in the instant case are complied with, in conformity with Considering paragraphs
16, 17, 26, 31, and 35, namely:
a)
disseminate the Judgment by radio and television (operative paragraph ten of
the Judgment);
b)
adopt forthwith all the legislative, administrative or other measures necessary
to eliminate ex officio the criminal record of those persons who are acquitted
or whose cases are dismissed (operative paragraph twelve of the Judgment);
c)
submit to an arbitration procedure to establish the amounts corresponding to
pecuniary damage for Mr. Chaparro (operative paragraph thirteen of the
Judgment), and
d)
pay Mr. Chaparro the late bank interest in Ecuador indicated in paragraph 245
of the Judgment (operative paragraph fourteen of the Judgment).
12
Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador. Monitoring Compliance with Judgment. Order of
the Court of April 29, 2009, considering eight.
13
Rules of Procedure approved by the Court in its LXXXV Ordinary Period of Sessions held from November
16 to 28, 2009.