2
2. That the State ha[d] taken the following concrete actions, which implie[d] partial
compliance with the corresponding operative paragraphs:
3.
a)
communicated to the Association of Private Banks and the Superintendence of
Banks that they [had to] eliminate from their records all reference to Mr.
Chaparro and Mr. Lapo as authors or suspects of the criminal act of which they
were accused in this case (operative paragraph nine of the Judgment);
b)
published the parts pertinent to the Judgment in the Official Registry and the
newspaper “El Telégrafo”, and also published the specific information contained in
paragraph 263 of the Judgment in the newspapers “El Telégrafo” and “El
Universo” (operative paragraph ten of the Judgment);
c)
adapted its internal legislation which regulates the writ of habeas corpus to the
American Convention, and exhorted the National Council on Narcotic and
Psychotropic Substances to reform their internal regulations (operative paragraph
eleven of the Judgment), and
d)
paid the total amounts awarded in the Judgment to Mr. Lapo, as well as the
majority of the compensations awarded to Mr. Chaparro (operative paragraph
fourteen of the Judgment).
That the following obligations [were] pending compliance:
a)
inform the other private institutions indicated by the victims that they must
eliminate from their records all reference to Mr. Chaparro and Mr. Lapo as authors
or suspects of the criminal act of which they were accused of in this case
(operative paragraph nine of the Judgment);
b)
disseminate the Judgment by radio and television (operative paragraph ten of the
Judgment);
c)
adapt its internal legislation so that charges [would] cease to be made for the
deposit and handling of the assets seized from individuals who ha[d] not been
convicted by final judgment (operative paragraph eleven of the Judgment);
d)
adopt forthwith all the administrative or other measures necessary to eliminate ex
officio the criminal records of those persons acquitted or whose cases are
definitely dismissed (operative paragraph twelve of the Judgment);
e)
submit to an arbitration procedure to establish the amounts corresponding to
pecuniary damage for Mr. Chaparro (operative paragraph thirteen of the
Judgment), and
f)
pay Mr. Chaparro the late bank interest in Ecuador indicated in paragraph 245 of
the Judgment (operative paragraph fourteen of the Judgment).
4. That it w[ould] maintain open the instant monitoring procedure until the obligations
indicated in the declaration paragraphs above are fully complied.
3.
The brief of August 4, 2009, and annexes, whereby the Republic of Ecuador
(hereinafter “Ecuador” or “the State”) referred to compliance with the Judgment.
4.
The briefs of July 7 and November 13, 2009, whereby the victim’s representatives
(hereinafter “the representatives”) submitted their observations to the information
presented by the State.
5.
The brief of September 22, 2009, whereby the Inter-American Commission on
Human Rights (hereinafter “the Inter-American Commission” or “the Commission”)
submitted its observations on the information presented by the State.
6.
The note of November 17, 2009, of the Secretariat of the Court (hereinafter “the
Secretariat”), whereby it requested the representatives to confirm as soon as possible
“whether they still represent[ed] Mr. Lapo,” and if so, to submit “updated information on
compliance with the Judgment with regards to him,” given that in their last communication
(supra Having Seen 4) they only referred to compliance with the Judgment in relation to Mr.
Chaparro Álvarez. The representatives did not respond to this requirement, therefore,
through the note of March 9, 2010, following the President’s instructions, the Secretariat