10 39. That the Court will continue examining closely the measures adopted for compliance in the instant case and, if necessary, will send the case of the General Assembly of the Organization of American States, in accordance with Article 65 of the American Convention, which provides as follows: To each regular session of the General Assembly of the Organization of American States the Court shall submit, for the Assembly's consideration, a report on its work during the previous year. It shall specify, in particular, the cases in which a state has not complied with its judgments, making any pertinent recommendations. NOW THEREFORE, THE INTER-AMERICAN COURT OF HUMAN RIGHTS, exercising its power to monitor compliance with its judgments, in accordance with Articles 33, 62(1), 67 and 68(1) of the American Convention on Human Rights, 25(1), 25(2) and 30 of its Statute and Article 29(2) of its Rules of Procedure, DECLARES: 1. The State has not yet fulfilled its obligation to investigate the events of the instant case, identify and, as appropriate, punish those responsible and to adapt domestic law provisions as required to guarantee the performance of this obligation (Operative Paragraph No. 8 of the Judgment on the merits and No. 8 of the Judgment on reparations); therefore, proceedings to monitor compliance will remain open until full satisfaction of this aspect. AND DECIDES: 2. To call upon the State to immediately adopt all measures necessary to promptly and effectively comply with the aspects pending compliance, in accordance with the provisions of Article 68(1) of the American Convention on Human Rights. 3. To call upon the State to submit to the Inter-American Court of Human Rights, no later than May 4, 2009, a thorough and updated report specifying the measures adopted to comply with the reparation ordered by the Court which is still pending compliance, in accordance with the provisions of Whereas clauses No. 37 and 38. 4. To call upon the representatives of the victims and the Inter-American Commission of Human Rights to submit their comments on the report of the State of Guatemala mentioned in the foregoing Operative Paragraph of this Order, no later than four and six weeks, respectively, after receiving the aforementioned report. 5. To call upon the Secretariat of the Court to serve notice of this Order upon the State, the Inter-American Commission on Human Rights, the Representatives of the victims and the Inter-American Commission on Human Rights.

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