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And decided, inter alia, “[t]o request the State to submit to the Inter-American
Court, by May 23, 2005, at the latest, a detailed report” on the aspects pending
compliance.
5.
The note of the Secretariat of the Court (hereinafter “the Secretariat”) of July
19, 2005, in which it reiterated to the State that it should submit the report on
compliance (supra Having seen paragraph 4).
6.
The communication of the State of Guatemala (hereinafter “the State”) of
September 13, 2005, in which it indicated that it had complied partially with the third
operative paragraph of the judgment on reparations, by the publication of the
judgment in the Diario de Centro América on June 14, 2002.
7.
The note of the Secretariat of September 16, 2005, in which it informed the
State that it awaited “more detailed information concerning all the reparations
ordered by the Court that are pending compliance.”
8.
The observations of the Commission of September 18, 2005, in which they
indicated that the State had not provided any information on the obligations that
were pending compliance, and requested the Court to require the State to forward
the publication it had referred to in the Diario de Centro América.
9.
The observations of the representatives of September 30, 2005, in which they
indicated that there was no documentary evidence concerning the information
provided by the State regarding the publication in the Diario de Centro América.
They also expressed their concern about the time that had elapsed without the State
taking any concrete decisions to comply with the other aspects established in the
operative paragraphs of the judgment on reparations.
10.
The note of the Secretariat of January 24, 2006, in which, on the instructions
of the President, it again reiterated to the State that it should submit the report by
February 24, 2006, at the latest (supra Having seen paragraphs 4 and 5).
CONSIDERING:
1.
That it is an inherent attribute of the jurisdictional functions of the Court to
monitor compliance with its decisions.
2.
That Guatemala has been a State Party to the American Convention since
May 25, 1978, and accepted the compulsory jurisdiction of the Court on March 9,
1987.
3.
That, Article 68(1) of the American Convention establishes that “[[t]he States
Parties to the Convention undertake to comply with the judgment of the Court in any
case to which they are parties.” Consequently, the State must ensure the
implementation of the decisions in the Court’s judgments at the domestic level.1
1
Cf. Case of the Constitutional Court. Compliance with judgment. Order of the Inter-American
Court of Human Rights of February 7, 2006, third considering paragraph; Case of the 19 Tradesmen.
Compliance with judgment. Order of the Inter-American Court of Human Rights of February 2, 2006, third
considering paragraph; Case of Ricardo Canese. Compliance with judgment. Order of the Inter-American
Court of Human Rights of February 2, 2006, third considering paragraph.
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