3
any case to which they are parties.” The treaty obligations of the States Parties
are binding on all the powers and functions of the States.
5.
That for the sake of fulfilling its mandate to monitor compliance with the
commitment made by States Parties under Article 68(1) of the Convention, the
Court must learn first the degree in which its decisions are observed. Therefore,
the Tribunal must monitor whether the States who are responsible effectively
comply with the reparations ordered by the Court.
6.
That every State Party to the Convention having recognized the
compulsory jurisdiction of the Court has the duty to abide by the obligations
imposed by the Tribunal. This obligation includes the duty the State has to report
on the measures adopted in order to comply with the orders in such decisions by
the Court. Timely observance of the obligation the State has to report to the
Court on the exact manner in which it is complying with each of the points
ordered by the latter is essential for the purpose of assessing the status of
compliance with the Judgment as a whole.
*
*
*
7.
That in the Order issued by the Tribunal on November 26, 2007 (supra
Having Seen Clause Number 2), when monitoring full compliance with the
Judgment rendered in the instant case, the Court considered it imperative to
keep open the monitoring proceedings as regards the point with which
compliance is still pending, which bears on the duty the State has to take the
pertaining steps in order to effectively arrest Mr. Juan Valencia Osorio for him to
serve his sentence, for he is still fleeing from justice. Consequently, the Court
requested the State to report about all matters concerning the actions it has
taken in order to implement such measure.
8.
That in its reports and at the private hearing, the State has mentioned
repeatedly the steps it has carried out in order to effectively arrest Mr. Juan
Valencia Osorio. In such context it has pointed out, inter alia, that:
(a)
“the División de Investigación Criminal [Criminal Investigation
Division] with the Sección Auxiliar de Tribunales [Court Auxiliary Section]
of the Policía Nacional Civil [Civil National Police] […] on September 25,
2006 [appointed] two investigators from such Section in order to follow up
on the investigation aimed at arresting Mr. Juan Valencia Osorio [and
that] the investigators detailed to the case went over to the AFIS
(Automated Fingerprint Identification System) Section of the Criminalistics
Cabinet, in order to check whether he still held a driver’s license and they
verified that as from the month of October, 2004 the fugitive had ceased
to renew such document;”
(b)
“fixed surveillance posts were set up at the residence of the
defendant, which produced no results as far as determining his
whereabouts is concerned [, but] according to the testimony of a witness,
such person would probably be in the Republic of Costa Rica or in
Venezuela;”