5
20.
That the Inter-American Court appreciates the fact that the State has fully
complied with two of the measures of reparation ordered in the Judgment on
preliminary objections, merits, reparations and costs of August 6, 2008.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
exercising its power to monitor compliance with its decisions, in accordance with
Articles 33, 62(1), 62(3), 65, 67 and 68(1) of the American Convention on Human
Rights, Articles 25(1) and 30 of the Statute, and Articles 30 and 63 of its Rules of
Procedure,6
DECLARES:
1.
That, in accordance with Considering clauses Nos. 11 and 15 of this Order, the
State has fully complied with the operative paragraphs of the Judgment in which the
State was ordered to:
a) publish once in the Official Gazette and in another daily newspaper with
widespread circulation paragraphs 77 to 133 of this Judgment, without the
footnotes, and its operative paragraphs within six months of notification of this
Judgment (seventh operative paragraph of the Judgment).
b) pay to Jorge Castañeda-Gutman the amount established in paragraph 244 of
the Judgment, for reimbursement of costs and expenses, within six months of
notification thereof (eighth operative paragraph of the Judgment).
2.
That, in accordance with Considering clause No. 19 of this Order, the Tribunal
shall keep open the procedure for monitoring compliance with the sixth operative
paragraph of the Judgment, under which the State was given a reasonable period of
time to complete the adaptation of its domestic law to the Convention, in order to
adapt the secondary legislation and the norms that regulate the action for the
protection of the rights of the citizen to the provisions of the constitutional reform of
November 13, 2007, so that, using this remedy, citizens are effectively guaranteed
the possibility of contesting the constitutionality of the legal regulation of the right to
be elected, in the terms of paragraphs 227 to 231 of the Judgment (sixth operative
paragraph of the Judgment).
AND DECIDES:
6
Rules of Procedure approved by the Court on its XLIX Regular Period of Sessions, celebrated from
November 16 to 25, 2000, and partially reformed during its LXXXII Regular Period of Sessions, celebrated
from January 19 to 31, 2009, in conformity to Articles 71 and 72 thereof.