10
33.
That, regarding the investment in works or services of collective interest for the
benefit of the members of the Community (sixth operative paragraph of the
Judgment), on April 16, 2002, the State and the representatives established a joint
committee (known as “Committee I”) in order to reach agreement on how to
implement this aspect of the Judgment.
34.
That, during the subsequent meetings of “Committee I,” the State and the
representatives agreed, among other matters, on the construction of a student hostel
for the Community in Bilwi, Puerto Cabezas. The State also undertook to pay interest
on arrears in the construction of the hostel from November 4, 2002, to the date of the
official delivery of the hostel, because the period of 12 months established in the
Judgment to make this investment expired on November 3, 2002.
35.
That the State reported that on March 5, 2003, it had officially handed over the
student hostel to the members of the Community, in compliance with the sixth
operative paragraph of the Judgment and in accordance with the agreement made with
the Community.8 It also gave detailed information on the total amount of the
investment in the building. Regarding the payment of the interest on arrears owed to
the Community, it indicated that this interest was paid on March 3, 2004, by a deposit
in the account of the Permanent Mission of the Organization of American States and
delivered to a representative of the Community.
36.
That, on November 14 2003, the representatives indicated in their observations
that the student hostel in Bilwi had been built according to the plans, although it took
more than the 12 months established by the Court, because it was officially handed
over to the members of the Community on March 5, 2003. They also indicated that the
State had paid the interest on arrears owed to the Community.
37.
That, on November 16, 2004, the Commission indicated that it acknowledged
that the State had complied with the sixth operative paragraph of the Judgment.
38.
That, based on the statements made by the parties during the private hearing
on May 3, 2008, the Court notes that there is no dispute regarding the status of
compliance with this operative paragraph.
39.
That, having examined the information forwarded by the State and the
observations made by the representatives and the Commission, the Court considers
that the State has complied fully with the sixth operative paragraph of the Judgment.
*
*
*
40.
That, regarding the reimbursement of expenses and costs (seventh operative
paragraph of the Judgment), on March 22, 2002, the State reported that on March 5,
2002, it had delivered “to the Inter-American Commission on Human Rights […]
cheque No. 3685 […] in payment of expenses and legal costs incurred by the members
of the Community and their representatives,” according to the provisions of the
Judgment.
41.
That, on April 16, 2002, the Commission forwarded a copy of the document
8
The record of the final handing over of the hostel, presented by the State as evidence, shows that
on February 28, 2003, the Emergency Social Investment Fund (FISE) officially received the student hostel
for the Community from the contractor.