5
*
*
*
8.
That the term for submitting the first report on compliance with the
reparation measures ordered in the Judgment expired on June 20, 2008, that is,
over ten months ago.
9.
That by means of the notes addressed to the State by the Secretariat of the
Court, on instructions from the Court’s President (supra Having Seen clauses 6, 8
and 10), the State was reminded of its obligation to inform on the measures
adopted to comply with the Judgment.
10.
That the State had a reasonable and adequate term for complying with its
obligation to issue and forward its first report on compliance with the measures
ordered in the Judgment, including an additional term for its submission granted by
the Court (supra Having Seen clause 8).
11.
That, notwithstanding the foregoing, Perú has not informed on the progress
in compliance with the Judgment and, therefore, it has failed to fulfill its obligation
to inform.
12.
That in order to guarantee and secure the execution of the Judgment, the
Court must be able to verify and have information on the adoption of the reparation
measures ordered therein. Thus, it is essential that the State submit forthwith its
first report on compliance with the reparation measures ordered by the Court in its
Judgment.
13.
That the Court will consider the general status of compliance with the
Judgment once it has received the report due by Perú and the observations of the
common intervener and of the American Commission. Should the State fail to
submit its report again, the Court will consider the possibility of summoning a
hearing with regard to monitoring compliance.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of its authority to monitor compliance with its own decisions pursuant to
Articles 33, 62(1), 62(3), 65, 67, and 68(1) of the American Convention on Human
Rights, 25(1) and 30 of its Statute, and 30 and 63 of its Rules of Procedure,6
DECLARES:
1.
That pursuant to Considering clauses 8 to 13 of this Order, the State has
failed to comply with its obligation to submit information to the Court on the
measures adopted to comply with the reparations ordered by the Court in its
Judgment on the merits, reparations and costs of November 25, 2006.
2.
That it will keep open the proceedings to monitor compliance with all the
operative paragraphs of the Judgment rendered on November 25, 2006, making
6
Rules approved by the Court at its XLIX Ordinary Period of Sessions held on November 16-25,
2000 and partially amended at the LXXXII Ordinary Period of Sessions held on January 19-31, 2009,
pursuant to Articles 71 and 72 thereof.