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Court which are still pending, as set forth in Whereas paragraphs 10 to 16 and
Declares paragraph 4 of this Order. In particular, the report shall contain detailed
information about, but should not be limited to, the following:
a.
with respect to the obligation to investigate the facts of the case and to
identify, prosecute, and eventually punish the responsible parties, the State
shall inform the Court of its efforts to ensure a mechanism by which the victims
can give their testimony with due guarantees for their safety and the effective
advancements of the judicial process;
b.
with respect to the recovery of the remains of the victims and their
delivery to the surviving community members, the State shall inform the Court
of the specific efforts taken to employ all technical and scientific means
available to recover the remains with due diligence. The State shall also report
on the status of its analysis of the human remains found at the grave site in
1993;
c.
with respect to the adoption of such legislative, administrative, and other
measures as are necessary to ensure property rights of the members of the
Moiwana community in relation to their traditional territories, the State shall
inform the Court of the composition and specific mandate of the National
Commission on Land Rights as well as the status of its deliberations in
developing a national policy. The State shall also inform the Court about the
measures it has taken to achieve the “informed consent of the victims” in this
deliberative process;
d.
with respect to the community development fund, the State shall inform
the Court about the progress of the implementation committee in developing
concrete plans and proposals created with the goal of providing for the health,
housing and education of the Moiwana community and provide information
about any such projects that have been funded. The State shall also inform the
Court on the funds transferred and the measures taken in order to establish an
operative budget to guarantee that the Committee can perform all necessary
operative and logistical matters of its mandate; and
e.
with regard to the memorial, the State shall inform the Court about the
status of the project’s completion, including any additional photographs or other
descriptions as they become available.
3.
To request the Representatives of the victims and their family members and the
Inter-American Commission on Human Rights to file comments on the abovementioned brief of the State within four and six weeks, respectively, as from the date
of receipt of the report.
4.
To continue monitoring compliance with the unfulfilled orders of the Judgment
on the preliminary objections, merits, reparations and costs of June 15, 2005.
5.
To require that the Secretariat of the Court notify this Order to the State, the
Inter-American Commission on Human Rights, and the Representatives of the victims.
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