-19-
preliminary objections, merits and reparations delivered by the Court on June 15,
2005, regarding its obligation to hold a public ceremony of recognition and apology.
2.
That, in accordance with the consideration found in Whereas paragraphs 17-19,
the State has fully complied with Operative Paragraphs 8 and 9 of the Judgment,
regarding the order to effect the payment of compensation to the Moiwana community
members for material and moral damages.
3.
That, in accordance with the consideration found in Whereas paragraph 20
supra, the State has fully complied with Operative Paragraph 10 of the Judgment
regarding the order to effect the payment of compensation for costs to Forest Peoples
Programme and Association Moiwana.
4.
That the Tribunal will keep open the proceedings for monitoring compliance
with the orders pending fulfillment, namely the obligations to:
a) implement the necessary measures to investigate the facts of the case, as well
as to identify, prosecute, and eventually punish the responsible parties
(Operative Paragraph 1 of the Judgement);
b) recover of the remains of the Moiwana community members killed during the
events of November 29, 1986, as soon as possible, and deliver them to the
surviving community members (Operative Paragraph 2 of the Judgement);
c) adopt legislative, administrative, and other measures necessary to ensure
property rights of the members of the Moiwana community in relation to the
traditional territories from which they were expelled, and provide for the
members’ use and enjoyment of those territories (Operative Paragraph 3 of the
Judgment on preliminary objections, merits, reparations and costs, and
Operative Paragraph 1 of the Interpretation Judgement);
d) guarantee the safety of those community members who decide to return to
Moiwana Village (Operative Paragraph 4 of the Judgement);
e) establish a community development fund (Operative Paragraph 5 of the
Judgement); and
f) build a memorial in a suitable public location (Operative Paragraph 7 of the
Judgment).
AND DECIDES,
1.
To require the State to take the necessary measures to fully and immediately
comply with the Operative Paragraphs pending fulfillment of the Judgment on the
preliminary objections, merits, reparations and costs, delivered by the Court on June
15, 2005 and this Order, according to the provisions of Article 68(1) of the American
Convention on Human Rights.
2.
To require the State to submit to the Court, before March 25, 2008, a detailed
report on the actions taken in order to comply with the reparations ordered by the
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