19
It is the duty of the State to comply with the provisions in the Constitution of the Bolivarian
Republic of Venezuela and in the international treaties, conventions and agreements ratified and
subscribed by Venezuela, securing the respect of the human rights of all citizens […]
Therefore, it has not been shown that such precedent of the High Court of Justice has any
effect or consequence whatsoever on compliance with the Judgment in this case.27
*
*
*
73.
That in this case, the acknowledgement of the facts and the admission made by
Venezuela in relation to the merit and reparations stated by the Inter-American Commission
and the representatives was no doubt one of the broadest in scope in the history of the
Inter-American Court.28 To that end, the State is urged to keep the spirit of such admission
and acknowledgement at this stage of the supervision of compliance with the Judgment so
that, as indicated by the State in the public hearing of this case, Venezuela can
“compensate the pain suffered by [the victims’ next of kin] in some way.”
Therefore:
The Inter-American Court of Human Rights,
Exercising its attributions to supervise compliance with its decisions and pursuant to Articles
33, 62(1), 62(3), 67 and 68(1) of the American Convention on Human Rights, 25(1) and
25(2) of the Court’s Statute and 30(2), 30(3) and 63 of its Rules of Procedure,
Declares:
1.
As pointed out in Considering clauses 15, 20, 21, 26 to 28, 32 to 34, 40 to 43, 49,
50, 54 to 57, 61 to 63, and 68 to 70 of this Order, the Court shall keep open the procedure
to supervise compliance with the issues establishing the duty of the State:
a)
to adopt the necessary measures to identify, prosecute and punish those responsible
for the violations committed against the victims in the instant case, in compliance
with the right to a fair trial and within a reasonable time (operative paragraph 7 of
the Judgment);
b)
to take the necessary and adequate actions immediately to secure effective location
and delivery of the bodies of José León Ayala Gualdrón and Edgar José Peña Marín
(operative paragraph 8 of the Judgment);
c)
to adapt its domestic laws to the provisions of the American Convention (operative
paragraph 9 of the Judgment);
d)
to take all necessary actions to allow prison conditions to conform to international
standards (operative paragraph 10 of the Judgment);
27
Cf. Matter of Luis Uzcátegui. Provisional Measures regarding Venezuela. Order by the Inter-American Court
of January 27, 2009, considering clause 24.
28
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia), supra note 6, para. 58.