47.
The representatives asked that a hearing on monitoring compliance with the
Judgment be held, “relating to the absence of guarantees of due process [and to] noncompliance” with the Judgment (supra having seen paragraph 3). The Commission did not
refer to this request, and the State indicated in its report of February 25, 2013, that “before
considering a measure of this nature, a formal ruling by this international court is required
on the aspects that have been complied with and the measures that still remain pending.”
48.
The Court considers that, since it is issuing this Order, it is not necessary to hold a
hearing on monitoring compliance with the Judgment at this time. This does not preclude
the Court from convening the parties and the Inter-American Commission to a hearing on
compliance with the Judgment in the future, if it should consider this pertinent.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitory compliance with its decisions, under Articles 33,
62(1), 62(3), and 68(1) of the American Convention on Human Rights, 24 and 30 of the
Statute, and 31(2) and 69 of its Rules of Procedure,35
DECIDES THAT:
1.
As indicated in the respective considering paragraphs of this Order, the State has
complied fully with its obligations:
a) To make the publications ordered in paragraph 244 of the Judgment, pursuant to the
tenth operative paragraph thereof,
b) To designate a public place with the names of Rainer Ibsen Cárdenas and José Luis
Ibsen Peña, in which a plaque must be placed that refers to the Judgment, as well as
to the facts of the case and the circumstances in which they occurred, pursuant to
the eleventh operative paragraph of the Judgment.
c) To pay the amounts established in paragraphs 267, 271, 276, 283 and 291 of the
Judgment as compensation for pecuniary and non-pecuniary damage and to
reimburse costs and expenses, pursuant to the fourteenth operative paragraph
thereof.
2.
It will maintain open the proceeding of monitoring compliance with operative
paragraphs 7, 8, 9, 12 and 13 of the Judgment, regarding the State’s obligations:
a) To undertake the investigations necessary to determine, within a reasonable time, all
those responsible for the detention and subsequent disappearance of José Luis Ibsen
Peña;
b) To undertake the investigations necessary to determine what happened and to apply,
effectively, the corresponding sanctions and consequences, within a reasonable time,
for the murder and the forced disappearance of Rainer Ibsen Cárdenas;
35
The Court’s Rules of Procedure approved by the Court at its eighty-fifth regular session held from
November 16 to 28, 2009.
16