14.
Also, during that hearing, in response to a proposal from the Inter-American
Commission, Venezuela accepted the idea of ”making the activities that will be carried
out in the investigation official by means of a timetable, [in order to] establish time
frames and follow up on them.” Consequently, the Court decided, inter alia, to require
the State to submit, by June 25, 2010, at the latest, a timetable with specific, clear
and comprehensive information. Venezuela did not forward the timetable or the said
information, even though it had undertaken to do so during the said hearing (supra
having seen paragraphs 2 and 3).
15.
In addition, on July 5, 2011, the Court asked the State to provide updated
information on compliance with the measure pending compliance and, specifically, the
timetable indicated in the order of February 4, 2010, granting Venezuela a time frame
that expired on September 2, 2011 (supra having seen paragraph 6). Despite this
request, which was reiterated twice, on October 7 and November 22, 2011 (supra
having seen paragraph 7), and that more than five months have passed since the
initial period granted expired, and three months since the last communication of the
Secretariat, the State has not presented the information requested. Consequently, the
Court does not have recent information on progress in compliance with the pending
measure.
16.
This omission by the State is contrary to its obligation to comply with the
measures of reparation ordered by the Court and to advise the Court of the actions
taken to implement them in the domestic sphere; moreover, it denies the right of
access to international justice to the victims and beneficiaries of the said reparations.5
17.
In this regard, Venezuela must take all necessary steps to comply immediately
and effectively with the measures ordered by this Court in the judgments. This
obligation includes the State’s duty to report on the actions taken to comply with the
measures ordered in the judgment. The Court finds it necessary to emphasize and
recall that prompt observance of the State's obligation to inform the Court of the way
in which it is complying with each measure ordered by the Court is essential for
assessing the status of compliance with the judgment as a whole, and is not fulfilled by
the mere formal presentation of a document to the Court; but rather, it is a twofold
obligation that, to be fulfilled effectively, requires the formal presentation of a
document within the time frame granted with specific, true, current and detailed
information on the issues to which this obligation refers.6
18.
Without the appropriate information from the State, this Court cannot exercise
its function of monitoring the execution of its judgments. It is pertinent to recall that
the provision of sufficient information on the actions it takes is a State obligation
established by this Court. 7 The General Assembly of the Organization of American
States has reiterated “the need for the States Parties to provide, in a timely fashion,
5
Cf. Case of Bámaca Velásquez, v. Guatemala. Monitoring compliance with judgment. Order of the
Inter-American Court of Human Rights of July 4, 2006, eleventh considering paragraph, and Case of Loayza
Tamayo v. Peru. Monitoring compliance with judgment. Order of the Inter-American Court of Human Rights
of September 22, 2006, tenth considering paragraph.
6
Cf. Case of Bámaca Velásquez , supra note 5, seventh considering paragraph, and Case of the Yean
and Bosico Girls v. Dominican Republic. Monitoring compliance with judgment. Order of the Inter-American
Court of Human Rights of October 10, 2011, fifteenth considering paragraph.
7
Cf. Case of the Five Pensioners V. Peru. Monitoring compliance with judgment. Order of the InterAmerican Court of Human Rights of November 17, 2004, fifth considering paragraph, and Case of Blanco
Romero v. Venezuela. Monitoring compliance with judgment. Order of the Inter-American Court of Human
Rights of November 22, 2011, thirty-eighth considering paragraph.
5