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on Human Rights, and Articles 25(1) and 30 of the Statute of the Court, and Article
29(2) of the Rules of Procedure,
DECLARES:
1.
That it shall maintain open the proceeding of monitoring until the
compliance of the only pending operative paragraph, to wit, “to investigate
effectively the facts of the present case, that generated the violations of the
American Convention on Human Rights, and punish torture; to identify, judge and
punish the guilty, and also to publish publicly the results of said investigation” (fifth
operative paragraph of the Judgment on Merits, Reparations, and Costs).
AND DECIDES:
1.
To reiterate the State of Guatemala to prontly comply with the only pending
operative paragraph of the Judgment on Merits, Reparations, and Costs of
November 27, 2003 ordered by the Inter-American Court of Human Rights in the
instant case, in conformity with Article 68(1) of the American Convention on Human
Rights.
2.
To require the State of Guatemala to present to the Inter-American Court of
Human Rights, no later than August 14, 2009, a detailed report, in which it
indicates the adopted measures to comply with the fifth operative paragraph of the
Judgment on Merits, Reparations, and Costs emitted on the instant case, in the
Considering Clauses 8 to 10 of the present Order.
3.
To require the State to continue reporting, every six months, to the InterAmerican Court of Human Rights about the measures adopted to comply with the
pending operative paragraph of the Judgment on Merits, Reparations, and Costs
dictated in the instants case.
4.
To require the representatives of the victim and the Inter-American
Commission of Human Rights to present their observations to the briefs of the State
of Guatemala in the term of four and six weeks, respectively, counting from the
reception of the brief.
5.
To continue supervising the compliance of the pending operative paragraph
of the Judgment on Merits, Reparations, and Costs of November 27, 2003.
6.
To require the Secretary of the Inter-American Court of Human Rights to
notify the present Order to the State of Guatemala, to the Inter-American
Commission of Human Rights, and the victims’ representatives.