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