Order of the
Inter-American Court of Human Rights
of February 4, 2010
Case of El Amparo v. Venezuela
(Monitoring Compliance with Judgment)
HAVING SEEN:
1.
The Judgment on Merits delivered by the Inter-American Court of Human Rights
(hereinafter, “the Court", "the Inter-American Court” or the “Tribunal”) on January 18,
1995.
2.
The Judgment on reparations (hereinafter, “the Judgment”) issued by the Court
on September 14, 1996, by means of which it decided:
1. To set the total reparations at US$722,332.20 to be paid to the next of kin and the
surviving victims referred to in the instant case. […]
4. [T]hat the State of Venezuela [was] obliged to continue investigations into the events
referred to in the instant case, and to punish those responsible.
[…]
3.
The Orders for monitoring compliance with the Judgment issued by the Tribunal
on November 28, 2002, and July 4, 2006. In the latter, the Court ordered, inter alia:
3. That it [would] continue to monitor compliance with the aspect pending fulfillment in this
case, which is: to continue investigating the facts of this case and to punish those who are
found responsible.
4.
The communication of the Bolivarian Republic of Venezuela (hereinafter,
“Venezuela” or “the State”) of November 15, 2006, whereby it referred to compliance
with the operative paragraph of the Judgment pending fulfillment.
5.
The note of the Secretary of the Court (hereinafter, “the Secretary”) of November
29, 2006, whereby, pursuant to the instructions of the President of the Court
(hereinafter, “the President”), it requested the State to “expand the information provided
and to send copies of the records of the proceedings carried out in the domestic
jurisdiction to comply with the Judgment rendered in the instant case”. This request was
re-sent to the State on January 16, 2007.
6.
The communication of February 6, 2007, whereby the State expressed its
willingness to comply with the Judgment.
7.
The notes of the Secretary of April 30, June 26 and July 27, 2007; February 22,
April 8, May 13, July 17, August 27, November 3 and December 17, 2008; January 14,
May 19 and June 4, 2009, whereby, under the instructions of the President of the Court,
the State was requested to submit, as soon as practicable, information related to
compliance with the Judgment.
8.
The briefs of June 11, 2008, June 3 and June 16, 2009, of the representatives of
the victims (hereinafter, “the representatives”), whereby they referred to the status of
compliance with the Judgment and requested the Court to convene a hearing.
9.
The Order issued by the President of December 18, 2009, whereby the InterAmerican Commission (hereinafter, “the Inter-American Commission” or “the
Commission”), the State, and the representatives were summoned to a private hearing