4
2.
To reject, in toto, as without grounds the State’s call for interpretation of the
judgment of June 7, 2003, in the Juan Humberto Sánchez case, contained in the
request.
3.
To continue monitoring compliance with the judgment of June 7, 2003 […].
3.
The Order of Compliance with the Judgment of preliminary objections, merits
and reparations delivered by the Court on November 17, 2004, whereby it decided:
5.
That on January 9, 2004, the term set forth in the Judgment of June 7, 2003
for the State to submit the first report on the compliance with the obligations established
therein expired […].
6.
That in four occasions, the Secretary, following instructions of the President
[…], requested the State to submit a report on the compliance with the judgment; and
the State, in response thereof, only informed that "it ha[d] already taken action to
comply with [the] judgment for it had contacted the representatives of the petitioners in
order to notify them of the decisions adopted in furtherance of said ruling" [...]
7.
That, owing to the fact that the Court has not received any information
regarding compliance with the Judgment of preliminary objections, merits and
reparations of June 7, 2003, the Court has no sufficient evidence to determine whether
the reparations have been complied with or which of the reparations ordered by the
Court are still pending compliance.
8.
That the Court will consider the general issues regarding compliance with the
Judgment of preliminary objections, merits and reparations of June 7, 2003, once the
pertinent information is received.
THEREFORE,
The Court […] decide[d]:
1.
To request the State to submit a report on the compliance with the Judgment of
preliminary objections, merits and reparations of June 7, 2003 before January 31, 2005.
2.
To request the representatives of the victim’s next of kin and the InterAmerican Commission on Human Rights to file comments on the report of the State
mentioned in the previous operative paragraph within four and six weeks, respectively,
from the date of receipt of the report.
3.
To continue monitoring compliance with the
objections, merits and reparations of June 7, 2003. […].
Judgment
of
preliminary
4.
The Order of Compliance with the Judgment of preliminary objections, merits
and reparations delivered by the Court on September 12, 2005, whereby it decided:
8.
That, in monitoring overall compliance with the Judgment of preliminary
objections, merits and reparations in the instant case, and after having analyzed the
information submitted by the State, the Inter-American Commission and the
representatives, the Court has proved that the State complied with the obligation to
publicly acknowledge liability for the events in the instant case [...]. The Court expresses
its satisfaction over the fact that, on November 4, 2004, the President of the Republic
himself presided the ceremony attended by the victim’s next of kin and the media.
[…]
10.
That, with respect to the transfer of the mortal remains of Juan Humberto
Sánchez to the place chosen by his next of kin, at no cost to them, the State has notified
that, in the proceedings conducted in the instant case, it ordered the exhumation of the
victim’s body and its transfer to the Dirección General de Medicina Forense (General
Directorate of Forensic Medicine). Said entity supposedly made the autopsy and
extracted samples that would allow full identification of the remains and was supposed