7
19.
That the State has not reported on the compliance with the Judgment and,
therefore, has failed to fulfill its treaty obligation.
20.
That, without the proper information submitted by the State, this Court cannot
exercise its role to monitor compliance with the judgments delivered by it. That, for
the sake of safeguarding and guaranteeing the application of the measures of
reparations so delivered, this Tribunal must be able to verify execution of the
Judgment and have information related thereto.
*
*
*
21.
That, when monitoring full compliance with the Judgment on Reparations and
Costs delivered on September 19, 1996, in the instant case (supra Having Seen clause
No. 2), the Court considers it vital that the State furnishes updated information on the
operative paragraph pending compliance (supra Having Seen clause No. 3), in
accordance with the provisions of this Order.
22.
That the Court will assess the general status of compliance with such
Judgment, once it is provided with relevant information on the operative paragraph
related to the obligation of the State to make all its efforts to locate and identify the
remains of the victims and deliver them to their next of kin, and it reserves the right
to convene a hearing in due time to assess compliance with said ruling.
Therefore:
The Inter-American Court of Human Rights,
by virtue of its authority to monitor compliance with its decisions pursuant to Articles
33, 62(1), 62(3), 65, 67 and 68(1) of the American Convention on Human Rights,
Articles 25(1) and 30 of its Statue, and Article 29(2) of its Rules of Procedure,
Declares:
1.
That, according to the terms of Considering clauses No. 17 to 22 of this Order,
the State has failed to comply with the obligation to report to this Court on the
measures adopted to comply with the provisions of the Judgment on Reparations and
Costs delivered on September 19, 1996.
2.
That it will maintain open the procedure to monitor compliance with Operative
Paragraph No. 4 of the Judgment on Reparations and Costs delivered on September
19, 1996, which is pending compliance.
And Decides: