5
also in connection with procedural rules, such as the ones concerning compliance
with the decisions of the Court. Such obligations are to be interpreted and enforced
in a manner such that the protected guarantee is truly practical and effective,
considering the special nature of human rights treaties.4
*
*
*
8.
That with regard to the publication of the Judgment delivered by the Court on
September 8, 2005, in consideration of the statements made by the State and the
Commission, as well as the statements of the representatives whereby they
requested that “the[ir] notice of willingness made in September, 2005 be deemed
ineffective in full” (supra forth, fifth and sixth Having Seen paragraphs), this Court
reminds that the State should proceed with the ordered publication at least once in
the official gazette and in another newspaper with national circulation in the
Dominican Republic, as required under the sixth operative paragraph of said
Judgment (supra first Having Seen paragraph). Therefore, the statements made in
the communication dated October 7, 2005 are deemed ineffective. (supra third
Having Seen paragraph).
9.
That with regard to the seventh operative paragraph of the Judgment
delivered by the Court on September 8, 2005, which refers to the obligation of the
State to organize a public act acknowledging its international responsibility and
apologizing to the victims, in light of the considerations made by the State (supra
fourth Having Seen paragraph) and the comments made by the representatives and
the Commission (supra fifth and sixth Having Seen paragraphs), this Court considers
that the State should organize a public act to acknowledge its international
responsibility and apologize to the victims under the provisions of the abovementioned Judgment of the Court (supra first Having Seen paragraph).
10.
That the State informed it had complied with the payments ordered under the
Judgment of September 8, 2005 in regards to non-pecuniary damage, as well as
costs and expenses (supra fourth Having Seen paragraph). To this regard, the
representatives pointed out that they had verified the information submitted by the
State on the payments ordered as compensation (supra fifth Having Seen
paragraph), and the Commission beheld with satisfaction that the orders of the Court
had been complied with (supra sixth Having Seen paragraph). Consequently, the
Court deems fulfilled the ninth and tenth operative paragraphs of the Judgment.
11.
That the Court considers it imperative that the State furnishes additional
updated information on the following obligations in order to determine if they have
been effectively and fully complied with:
a)
Publication, at least once, in the official gazette and in another
newspaper with national circulation in the Dominican Republic both the
section entitled “Proven Facts”, without the corresponding footnotes, and of
the operative paragraphs of the […] Judgment (sixth operative paragraph of
the Judgment delivered on September 8, 2005);
4
Cf. Case of Ivcher-Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C
No. 54, para. 37; Case of Gómez-Palomino, supra note 1, third Considering paragraph, and Case of
García-Asto and Ramírez-Rojas, supra note 1, seventh Considering paragraph.