in exercise of its authority to monitor compliance with its decisions and pursuant to
Articles 33, 62(1), 62(3), 65, 67 and 68(1) of the American Convention on Human
Rights, 25(1) and 30 of its Statute, and 31(2) of its Rules of Procedure,
DECLARES THAT:
1.
In accordance with Considering paragraphs 7 to 9 of this Order, the State is
not fulfilling its obligation to inform the Inter-American Court of Human Rights
about the measures adopted to comply with the provisions of the Judgment on
Preliminary Objection, Merits, Reparations and Costs delivered on October 30,
2008.
2.
It will keep open the proceeding of monitoring compliance in relation to the
following obligations:
a)
To provide, free of charge, immediately, and for the time necessary,
the medical treatment required by Juan Carlos Bayarri (Operative Paragraph
9 of the Judgment), and
b)
To ensure the immediate removal of the name of Juan Carlos Bayarri
from all public records where he appears with a criminal record (Operative
Paragraph 12 of the Judgment).
c)
To conclude the criminal proceedings opened regarding the facts that
gave rise to the violations in this case, and to decide them in accordance
with the law (Operative Paragraph 10 of the Judgment), and
d)
To incorporate, insofar as it has not yet done so, members of the
security forces, the investigation agencies, and the organs of the
administration of justice into the training and dissemination activities on the
prevention of torture and cruel, inhuman or degrading treatment or
punishment (Operative Paragraph 13 of the Judgment).
AND DECIDES:
1.
To require the Republic of Argentina to adopt all necessary measures to
comply fully and promptly with the obligations indicated in Declarative paragraph 2
of this Order, as stipulated in Article 68(1) of the American Convention on Human
Rights.
2.
To request the Republic of Argentina to present to the Inter-American Court
of Human Rights, no later than October 3, 2012, a report indicating all the
measures adopted to comply with the aspects that are pending, in accordance with
Considering paragraphs 7 to 9 of this Order. Subsequently, the State shall continue
reporting to the Court every three months.
3.
To request the representatives of the victim and the Inter-American
Commission on Human Rights to present any observations they deem pertinent on
the reports of the Republic of Argentina, mentioned in Operative paragraphs 2 and
3, within four and six weeks, respectively, of receiving said reports.
4.
To continue monitoring compliance with the Judgment on Preliminary
Objection, Merits, Reparations and Costs of October 30, 2008.
5.
To require the Secretariat of the Court to notify this Order to the Republic of
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