8
that the sixth, tenth, eleventh and twelfth operative paragraphs of said Judgment
have been compliance by Guatemala.
16.
That the Court considers it indispensable for the State to submit to the Court
up-to-date and detailed information on the following issue pending compliance:
(a)
to adopt the appropriate measures to effectively arrest Mr. Juan
Valencia Osorio, who was convicted by the State’s authorities as instigator of
the extra-judicial execution of Myrna Mack-Chang, in relation to operative
paragraph No. 5 of the Judgment on the merits, reparations and costs of
November 25, 2003 (supra Considering clause No. 9).
17.
That the Court will consider closing the instant case, once it has received the
pertinent information on the measures that are pending compliance.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS
by virtue of its authority to monitor compliance with its judgments pursuant to
Articles 33, 62(1), 62(3), 65, 67 and 68(1) of the American Convention on Human
Rights, and Articles 25(1) and 30 of its Statute, and Article 29(2) of its Rules of
Procedure,
DECLARES:
1.
That the State has fully complied with Operative paragraphs No. 6, 10, 11 and
12 of the Judgment of November 25, 2003.
2.
That the State has partially complied with operative paragraph No. 5 of the
Judgment of November 25, 2003 which directs the State to investigate and punish
those responsible for the extra-legal execution of Myrna Mack-Chang, since —
pursuant to Considering clauses No. 9 and 16 hereof— the State has failed to adopt
the measures aimed at arresting Mr. Juan Valencia-Osorio, who is currently on the
run, so that he serves his sentence. Therefore, compliance with this Operative
paragraph will continue under supervision.
AND DECIDES:
1.
To request the State to adopt whatever measures may be necessary to put
into effect and promptly comply with the order pending compliance and issued by the
Court in the judgment on merits, reparations, and costs of 25 November 2003 and in
the present Order, pursuant to Article 68(1) of the American Convention on Human
Rights.
2.
To request that the State submit to the Inter-American Court no later than
April 4, 2008 a detailed report describing the measures adopted to carry out the
reparations ordered by this Court that are still pending compliance, pursuant to
Considering paragraphs tenth and thirteen and the third declaratory paragraph of the
present Order.
3.
To ask the representatives of the victim, her next of kin, and the InterAmerican Commission to submit their comments to the report of the State
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