compensation and costs and expenses, payment was still pending corresponding to the
period of January 1, 2008 until September 25, 2008, the date on which the payment
agreement was reached with the victims.
8.
The State did not present information on compliance with the operative paragraphs of
the Judgment pending compliance, nor did it submit the proposed schedule (supra Having
Seen clauses 2, 3, and 5, and infra Considering clause 9). Due to the foregoing, the
Commission did not present any observations.
B. Regarding the duty of the State to report on the measures adopted
9.
The last written report that the State submitted to this Court was on December 6,
2008. Subsequently, during the private hearing on May 26, 2010, the State pledged to
submit to the Court “a detailed and complete timeline of actions directed to the complete
fulfillment of the Judgment.” The Court requested the State to send the foregoing timeline
by no later than September 6, 2010. 7 Nevertheless, it was not submitted, even though an
extension was granted for this purpose. Subsequently, by Order of June 30, 2011, the Court
requested the State to present information on the steps taken to comply with the Judgment
and to submit the timeline it had proposed by no later than October 4, 2011. 8 Despite the
fact that the foregoing request was repeated on four occasions, the State did not submit the
report and timeline as requested. The State also did not appear at the private hearing on
May 28, 2013, nor did it present observations on the information provided by the
Commission and the representatives during said hearing and in their subsequent briefs
(supra Having Seen clauses 5, 6, 7, and 8).
10.
In this regard, the representatives argued that the absence of Nicaragua at the
private hearing confirmed what had already been evidenced in writing; that is, that it had no
intention of complying with the Judgment, and that, in turn, it was also questioning the
authority of the Court to monitor its judgments. As a result of the foregoing, and due to the
severity of the manifest lack of compliance by the State, as well as to prevent InterAmerican justice from becoming illusory, they requested, pursuant to Articles 65 of the
American Convention and 30 of the Statute of the Court, to inform the General Assembly of
the Organization of American States (OAS) about “the express unwillingness and serious
lack of compliance on the part of the Nicaraguan State with regard to [the] Judgment,” and
that the Court establish in its decision, “its competence to continue monitoring compliance
with the foregoing [J]udgment and […] [to] request information from the parties for such
purposes.” For its part, the Commission expressed its concern regarding the absence of the
State at the private hearing and indicated that this situation is a clear breach of the
obligation to inform the Court and a repudiation of the mechanism of supervision of
compliance with the judgments. As such, it requested the Court to assess whether such
situation merits the application of Article 65 of the Convention, with the express statement
that this does not preclude the jurisdiction of the Court to continue monitoring compliance
with the Judgment.
7
Cf. Case of Yatama V. Nicaragua. Monitoring of Compliance of Judgment. Order of the Inter-American
Court of Human Rights of May 28, 2010, Having seen clause 4, Considering clauses 7 to 25 and Operative
Paragraph 2.
8
Cf. Case of Yatama V. Nicaragua. Monitoring of Compliance of Judgment. Order of the Inter-American
Court of Human Rights of June 30, 2011, Operative Paragraph 2.
5