10
47.
That the Court, in conformity with the evidence provided, and considering reports by
the parties, declares that the State has completely fulfilled the fourteenth paragraph
relating to the payment made to Mr. Lapo. That with regards to Mr. Chaparro, the Court
declares that the State has partially complied with the present operative paragraph, and
that the late bank interest in Ecuador, indicated in paragraph 245 of the Judgment, is still
pending payment.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of its authority to monitor compliance with its own decisions pursuant to Articles
33, 62(1), 62(3), 65, 67, and 68(1) of the American Convention on Human Rights, and
Article 25(1) of the Statute and 29(2) of its Rules of Procedure,
DECLARES:
1.
That the State has fully complied with operative paragraph eight of the Judgment
issued in the instant case, regarding the elimination of the names of Mr. Chaparro and Mr.
Lapo from the public records in which they appear with criminal records.
2.
That the State has taken the following concrete actions, which implies partial
compliance with the corresponding operative paragraphs:
3.
a)
communicated to the Association of Private Banks and the Superintendence of
Banks that they must eliminate from their records all reference to Mr.
Chaparro and Mr. Lapo as as authors or suspects of the criminal act of which
they were accused in this case (operative paragraph nine of the Judgment);
b)
published the parts pertinent to the Judgment in the Official Registry and the
newspaper “El Telégrafo”, and also published the specific information
contained in paragraph 263 of the Judgment in the newspapers “El Telégrafo”
and “El Universo” (operative paragraph ten of the Judgment);
c)
adapted its internal legislation which regulates the writ of habeas corpus to
the American Convention, and exhorted the National Council on Narcotic and
Psychotropic Substances to reform their internal regulations (operative
paragraph eleven of the Judgment)
d)
paid the total amount awarded in the Judgment to Mr. Lapo, as well as the
majority of the compensations awarded to Mr. Chaparro (operative paragraph
fourteen of the Judgment)
That the following obligations are pending compliance:
a)
inform the other private institutions indicated by the victims that they must
eliminate from their records all reference to Mr. Chaparro and Mr. Lapo as
authors or suspects of the criminal act of which they were accused of in this
case (operative paragraph nine of the Judgment);
b)
disseminate the Judgment by radio and television (operative paragraph ten of
the Judgment);