3
guarantee is truly practical and effective, taking into account the special nature of
human rights treaties.4
7.
That the States Parties to the Convention that have accepted the Court’s
compulsory jurisdiction must comply with the obligations established by the Court.
This obligation includes the State’s duty to report on the measures adopted to
comply with the rulings of the Court contained in its judgments. The prompt
implementation of the State’s obligation to report to the Court on how each item
ordered by the Court is being fulfilled is essential to assess the degree of compliance
with the Judgment in its entirety.5
*
*
*
8.
That, pursuant to operative paragraph one of the Judgment on reparations
(supra Having Seen clause 2), Colombia must effectively complete the ongoing
criminal proceedings – at the time of delivery of said Judgment – “pertaining to the
death of the victims and which generated violations of the American Convention in
the instant case, identify the principals and their aiders and abettors, as well as
possible accessories after the fact, and punish them, and publish the results of the
proceedings.”
9.
That in the Order issued on November 17, 2004, the Tribunal required the
State to submit a detailed report on the measures adopted to comply with the above
mentioned operative paragraph one of the Judgment on reparations (supra Having
Seen clause 3).
10.
That in the report of April 19, 2005 (supra Having Seen clause 4), the State
informed that on December 13, 2004, in the context of case No. 212-2001, the 41st
Criminal Court of the Circuit of Bogotá convicted the following persons:
•
•
Antonio Alonso-Martínez, sentenced to serve a 27-year prison term for
perpetrating the crime of aggravated murder with conspiracy, causing the
deaths of Hernán Javier Cuarán-Muchavisoy, Julio Milcíades Cerón-Gómez,
Edebrades Norberto, William Hamilton-Cerón, Artemio Pantoja-Ordóñez and
NN/Moisés;
Jaime Alberto Peña-Casas, sentenced to serve a 16-year prison term for
perpetrating the crime of aggravated murder, causing the death of NN/Moisés
and acquitted on the charge of murdering Hernán Javier Cuarán-Muchavosoy,
Julio Milcíades Cerón-Gómez, Edebrades Norberto, William Hamilton-Cerón,
Artemio Pantoja-Ordóñez, and
4
Cfr. Case of Ivcher-Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C
No. 54, para. 37; Case of Raxcacó-Reyes. Monitoring Compliance with Judgment, supra note 2,
Considering clause 43; and Case of Claude-Reyes et al. Monitoring Compliance with Judgment,
supra note 1, Considering clause 6.
Cfr. Case of Barrios Altos v. Peru. Monitoring Compliance with Judgment. Order of the Inter5
American Court of Human Rights of September 22, 2005, Considering clause 7; Case of the GómezPaquiyauri Brothers. Monitoring Compliance with Judgment. Order of the Inter-American Court of Human
Rights of May 03, 2008, Considering clause 7; and Case of Claude-Reyes et al. Monitoring Compliance
with Judgment, supra note 1, Considering clause 7.