in exercise of its authority to monitor compliance with its decisions and pursuant to Articles 33, 62(1), 67 and 68(1) of the American Convention on Human Rights, 24 and 30 of its Statute and 31(2) and 69 of its Rules of Procedure,23 DECLARES THAT: 1. In accordance with considering paragraphs 36 to 42 of this order, more than six years after the judgment on merits reparations and costs of November 28, 2005, was delivered, the State is not complying with its legal obligation to inform this Court of the measures taken to comply with the operative paragraphs that remain pending. 2. In accordance with considering paragraph 31 of this order, the State has complied partially with the following operative paragraph of the judgment: a) to include, as part of the education and training courses for the members of the Armed Forced, a program on the principles and norms for the protection of human rights (eleventh operative paragraph of the judgment). 3. In accordance with considering paragraphs 9 to 11, 13, 14, 16, 20, 21, 25, 29, 30 and 35 of this order, the Court will keep open the proceeding for monitoring compliance with regard to the following aspects that remain pending: a) To investigate and to conduct impartial and effective judicial proceedings in relation to the three forced disappearances that occurred in this case, which lead to clarifying the truth of the facts and the punishment of those responsible (sixth operative paragraph of the judgment); b) To adopt the necessary measures to establish the whereabouts of Oscar José Blanco Romero, Roberto Javier Hernández Paz and José Francisco Rivas Fernández as soon as possible. Should they be found dead, the said measures must to be addressed at returning their remains to their next of kin for burial as the latter deem appropriate. In this case, the State must provide the necessary conditions to transfer the remains to the place determined by their next of kin, and give them decent burial at no cost to the said next of kin (seventh operative paragraph of the judgment); c) To publish, once, within six months of notification of this judgment, in the Official Gazette and in another national newspaper, the chapter of the judgment on Proven Facts, without the footnotes, paragraphs 54 to 65 of the section of the judgment entitled Merits, and the operative paragraphs (eighth operative paragraph of the judgment); d) To adopt, in accordance with Articles 7(6), 25 and 2 of the American Convention on Human Rights, the legislative or any other measures that may be required to ensure that applications for habeas corpus can be implemented effectively in Venezuela in situations of forced disappearance (ninth operative paragraph of the judgment) 23 Rules of Procedure approved by the Court at its eighty-fifth regular session held from November 16 to 28, 2009. 12

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