12
13.
That the Court is concerned that almost two years have elapsed since it
delivered the judgment on merits and reparations in this case (supra Having seen
clause No. 1), without said judgment having been fully complied with.
14.
That the Court will consider the overall situation of compliance with its
Judgment on merits and reparations (supra Having Seen clause No. 1), as well as
with this Order, once it receives the pertinent information on measures pending
compliance. Consequently, pursuant to its usual practice, the Court is empowered to
continue monitoring compliance with the Judgment of September 7, 2004 until it
considers that the State has fully complied with the provisions contained in said
Decision.
NOW 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 Statute, and Article 29(2) of its Rules of
Procedure,
DECLARES:
1.
That, in accordance with Considering clause No. 8 hereof, the State has
complied with the publication, at least once, in the Official Gazette and in another
newspaper of national circulation in Ecuador.
2.
That, in accordance with Considering clause No. 11, the State shall pay Daniel
Tibi €82,850.00 (eighty-two thousand, eight hundred and fifty euros), to cover the
value of all seized property, including the stones and the Volvo vehicle.
3.
That it shall keep open the proceedings to monitor compliance with the
measures that are pending compliance in the instant case, to wit:
a)
effective investigation into the facts of the instant case within a
reasonable term, in order to identify, prosecute and punish all the
perpetrators of the violations against Mr. Daniel Tibi. The outcome of this
process shall be published;
b)
publication, at least once, of the chapter on Proven Facts and operative
paragraphs No. 1 to 16 of the Judgment, without the corresponding
footnotes, translated into French, in a French newspaper;
c)
publication of a formal written statement prepared by high-level state
authorities acknowledging international responsibility for the facts of the
instant case and apologizing to Mr. Tibi and the other victims mentioned in
the Judgment;
d)
implementation of an education and training program on the principles
and rules of protection of human rights in the treatment afforded to inmates,
intended for judicial, police and prison personnel, as well as for personnel of
the public prosecutor’s office, including medical, psychiatric and psychological
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