5
14.
That the obligation to report to the Court is not fulfilled merely by making a
formal presentation of a document to the Court, but is a dual obligation, which, for
effective compliance, requires the formal presentation of a document within the
established time limit with specific, updated, true and detailed information on the
issues to which this obligation relates
15.
That the State must comply with the measures called for by the Court in its
Orders and report periodically on the measures it has adopted to protect the lives,
safety and freedom of expression of the persons protected by provisional measures
in this case; on the investigation of the facts that gave rise to those measures, and
on the steps taken to allow the petitioners to take part in their planning and
implementation. The State’s obligation to report to the Court on the measures it is
taking to comply with the Court’s Orders is fundamental for assessing the case.
16.
That, according to Article 65 of the American Convention:
[t]o each regular session of the General Assembly of the Organization of American
States, the Court shall submit, for the Assembly’s consideration, a report on its work
during the previous year. It shall specify, in particular, the cases in which a State has
not complied with its judgments, making any pertinent recommendations.
17.
That Article 30 of the Court’s Statute establishes that:
[t]he Court shall submit a report on its work of the previous year to each regular session
of the OAS General Assembly. It shall indicate those cases in which a State has failed to
comply with the Court’s ruling. It may also submit to the OAS General Assembly
proposals or recommendations on ways to improve the inter-American system of human
rights, insofar as they concern the work of the Court.
18.
That, since the State has not implemented the measures ordered by the
Court effectively, has not investigated the facts that gave rise to those measures,
has not complied by allowing the beneficiaries to take part in the planning and
coordination of the measures, and has not complied fully with its reporting
obligation, should this situation persist, the Court, in application of Article 65 of the
Convention (supra sixteenth considering paragraph) and Article 30 of its Statute
(supra seventeenth considering paragraph), will include this Order in its 2003 Annual
Report, so that it may be submitted to the consideration of the General Assembly of
the Organization of American States.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of the authority conferred by Article 63(2), 65 and 68 of the American
Convention on Human Rights, Article 30 of its Statute, and Articles 25 and 29(2) of
the Court’s Rules of Procedure,
DECIDES:
Violation of the Convention (Arts. 1 and 2 of the American Convention on Human Rights). Advisory Opinion
OC-14/94 of December 9, 1994. Series A No. 14, para. 35.
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