2 [P]aragraph [four] of th[e] Order. [Additionally, the Court decided that the report should contain, among other things,] detailed information [on] the following: a. with respect to the obligation to investigate the facts of the case and to identify, prosecute, and[, if applicable,] punish the responsible parties, the State shall inform the Court of its efforts to ensure a mechanism by which the victims can give their testimony with due guarantees for their safety and the effective [safeguards of due] process; b. with respect to the recovery of the remains of the victims and their delivery to the surviving [C]ommunity members, the State shall inform the Court of the specific efforts taken to employ all technical and scientific means available to recover the remains with due diligence. The State shall also report on the status of its analysis of the human remains found […] in 1993; c. with respect to the adoption of such legislative, administrative, and other measures as are necessary to ensure [the] property rights of the members of the Moiwana [C]ommunity in relation to their [ancestral lands], the State shall inform the Court of the composition and specific mandate of the National Commission on Land Rights[,] as well as the status of its deliberations [on the] develop[ment of] a national policy. The State shall also inform the Court [on] the measures it has taken to achieve the ‘informed consent of the victims’ in th[at] deliberative process; d. with respect to the community development fund, the State shall inform the Court about the progress of the implementation committee in developing concrete plans and proposals […] with the goal of providing for the health, housing[,] and education of the Moiwana [C]ommunity and provide information about any […] projects that have been funded. The State shall also inform the Court on the funds transferred and the measures taken in order to establish an operative budget [that] guarantee[s] that the Committee can [carry out necessary operative and logistical functions in accordance with] its mandate; and e. with regard to the memorial, the State shall inform the Court about the status of the project’s completion [and include] photographs or other descriptions[, as available]. […] 4. The Secretariat’s notes of October 23, 2008, and May 13, 2009, in which the State was advised that in accordance with Operative Paragraph two of the aforementioned Order, the deadline for the submission of a detailed report on its implementation of the reparations ordered by the Tribunal had expired on March 25, 2008, yet no report had been received. Accordingly, the Secretariat requested that the State submit such a report as soon as possible. Subsequently, through the Secretariat’s note of September 2, 2009, the State was given a new deadline for the submission of a report on its compliance with the Judgment. This deadline expired on October 2, 2009, yet no report was received. Thus, through the Secretariat’s note of October 22, 2009, the State was again asked to submit a report on compliance as soon as possible. The State did not submit the report requested.

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