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1.
That the State has partially complied with its obligation to adopt such legislative
and other measures as may be necessary to adapt the Guatemalan legal system to
international human rights and humanitarian law standards, and to effectively enforce
said standards at the domestic level (fourth operative paragraph of the Judgment on
reparations); therefore the Court will keep the monitoring process open until full
compliance with said obligation is achieved.
2.
That the following obligations have not been fulfilled:
a) location of the mortal remains of Mr. Bámaca-Velásquez, their exhumation in
the presence of his widow and next of kin, and subsequent release to them
(first operative paragraph of the Judgment on reparations), and
b) investigation of the facts that gave rise to the violations of the American
Convention and of the IACPPT and, eventually, punishment of those responsible
therefor as well as public disclosure of the results of the respective investigation
(eighth operative paragraph of the Judgment on the merits and second
operative paragraph of the Judgment on reparations);
3.
That it will keep this monitoring process open until full compliance with the
abovementioned obligations is achieved.
AND DECIDES:
1.
To call upon the State to immediately adopt all such measures as may be
necessary to effectively and promptly comply with any pending measures ordered by
the Court, in accordance with Article 68(1) of the American Convention.
2.
To request the State to submit to the Inter-American Court up-to-date and
detailed reports specifying all such measures as may have been adopted to comply
with the reparations ordered by this Court and which have not been fulfilled, as set out
in paragraphs 32 to 37 and 41 of this Order.
3.
To request the representatives of the victims and the Inter-American
Commission to submit comments on the State report mentioned in the preceding
operative paragraph within a period of four and six weeks respectively, following
receipt thereof.
4.
To call upon the State to maintain the provisional measures ordered in the
Order of March 11, 2005.
5.
To request the State, pursuant to paragraphs 56 and 57 hereof, to submit,
within four months following receipt of this Order, information regarding the
implementation of the provisional measures and an evaluation of the situation of
extreme gravity and urgency facing each beneficiary of the provisional measures.
6.
To request the representatives and the State, pursuant to paragraph 59 hereof,
to submit information to prove or disprove that the lack of investigation places the