4
persons appear before the State within twenty-four months of the date the [...]
Judgment is delivered and they supply authentic evidence, in accordance with
domestic legislation, of their status as next of kin of one of the victims,
pursuant to article 2(15) of the Rules of Procedure of the Court;
10.
that the State must pay the Comité de Familiares de las Víctimas (COFAVIC) of
the incidents that occurred during February-March 1989, pursuant to paragraphs 132
and 133 of the [...] Judgment, as reimbursement for legal costs and expenses incurred
in proceedings under domestic jurisdiction and before the inter-American system,
US$75,000.00 (seventy-five thousand United States dollars) and US$10,000.00 (ten
thousand United States dollars) to cover expenses to be incurred in future proceedings
pertaining to compliance with the [...] Judgment, and that it must pay the Center for
Justice and International Law (CEJIL), pursuant to paragraph 132 of the [...] Judgment,
as reimbursement for expenses and costs incurred in proceedings before the interAmerican system, US$1,000.00 (one thousand United States dollars);
11.
that the payments ordered in the [...] Judgment will be exempt from any
existing or future levy or tax;
12.
that the State must comply with the measures of reparation ordered in this
Judgment within twelve months of the date they are notified, except with respect to
operative paragraph 9.c of the [...] Judgment;
13.
that the State must report to the Inter-American Court of Human Rights every
six months after notification of the [...] Judgment, on steps taken to comply with it; and
14.
that it will oversee compliance with [the] Judgment and will declare the instant
case closed once the State has fully complied with the provisions therein.
3.
The March 21, 2003 note by the State of Venezuela (hereinafter “the State”
or “Venezuela”) and its attachments, in which it submitted information on
compliance with the judgment on reparations, specifically on the steps taken by the
Public Prosecutor’s Office to fulfill its obligation to conduct an examination regarding
the facts and to locate, identify, and exhume the mortal remains of the victims in the
instant case.
4.
The May 3, 2003 brief with comments by the next of kin of the victims
(hereinafter “the representatives”), in which they stated that: a) “there have been
no substantive changes in the legal situation of the cases pertaining to the
Caracazo,” as they have been in the initial stage of the proceedings in the
Venezuelan venue since 1989 and they remain in absolute impunity; b) the next of
kin of the missing victims in this case took all kinds of steps, both domestically and
internationally, to establish their whereabouts or to request delivery of the remains
of those victims whose death had been ascertained, but who were irregularly buried
in mass graves in the Cementerio General del Sur (cemetery), and to date these
efforts have been fruitless; c) “neither the victims nor their representatives have
been invited by the State […] to inform them of the timetable for payment of the
compensations;” d) “to date there has been no adjustment of the operational plans
to address public order disturbances and practice as well as domestic jurisprudence
has sanctioned the use of the military in actions pertaining to public order, and e)
“no note has been published [in the official gazette] with the excerpts of the
judgment of the Court [on the merits] and the obligation to publish the judgments in
[one] of the three main national dailies has yet to be fulfilled.”
5.
The June 2, 2003 brief with comments by the Inter-American Commission on
Human Rights (hereinafter “the Commission” or “the Inter-American Commission”),
in which they pointed out that the information submitted by the State was obscure
and incomplete. The Commission also asserted that: a) the State continues to
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