8
18.
That the Court notes that eight years after the Judgment on reparations was
rendered and over sixteen years after the events of the instant case occurred, no significant
progress has been made in the investigation into the violations of human rights committed
against Mr. Cantoral-Benavides, as the case is still at the stage of investigation and some
procedural steps are still to be taken. Thus, the Court reiterates that the State cannot
attribute its failure to comply with its conventional obligations or its delay in complying with
them to the coordination steps that must be taken at the international level in order to
effectively take the above-mentioned pending evidentiary procedure.
19.
That the Court reiterates that it is a duty of the State to adopt all such pertinent
concrete measures as are required to comply with this obligation and, particularly, to adopt
all necessary measures to take the witnesses’ testimony, as well as to take any other steps
which may contribute to achieve progress in the investigations. Therefore, the State must
adopt all administrative, judicial, diplomatic or other measures in order to further progress
in the investigation, as well as adopt all steps and procedures required to that effect. In this
regard, the Court deems it necessary to require the State to submit up-to-date information
on such steps and procedures, within the term set for that purpose in the operative
paragraphs of this Order, so that the effectiveness of the investigation procedures adopted
may be specifically assessed.
*
*
*
20.
That the States Parties to the American Convention that have accepted the binding
jurisdiction of the Court are under a duty to fully comply with the obligations ordered by the
Court. This obligation includes the State’s duty to inform the Court on the steps taken in
order to comply with the measures ordered by the Court in the above-mentioned Judgment.
Timely fulfillment of the State’s obligation to report to the Court on the manner in which it is
complying with each of the measures ordered by the latter is essential to evaluate progress
in compliance with Judgment as a whole.4 In this regard, OAS General Assembly has
reiterated that in order for the Court to fully comply with the obligation to report thereto on
compliance with its Judgments, it is necessary that the States Parties to the Convention duly
submit the information the Court may require from them.5
21.
That the duty to report to the Court on the implementation of measures is not
fulfilled with the mere formality of submitting a document, but is a dual obligation which
requires not only the formal submission of a document within the term set for that purpose
but also the submission of specific, actual, up-to-date, and detailed material reference to
the issues that fall within the scope of the obligation being monitored.6
4
Cf. Case of Barrios Altos. Monitoring Compliance with Judgment. Order of the Inter-American Court of
Human Rights of November 17, 2004, Considering clause 7; Case of Cantoral-Huamaní and García-Santa-Cruz v.
Peru, supra note 1, Considering clause 7, and Case of Herrera-Ulloa v. Costa Rica. Monitoring Compliance with
Judgment. Order of the Inter-American Court of Human Rights of July 9, 2009, Considering clause 7.
5
General Assembly, Resolution AG/RES. 2500 (XXXIX-O/09) approved at the fourth plenary session held on
June 4, 2009, entitled “Observations and Recommendations on the Annual Report of the Inter-American Court of
Human Rights.”
6
Cf. mutatis mutandi, Matter of Millacura Llaipén et al regarding Argentina. Provisional Measures. Order of
the Inter-American Court of Human Rights of July 6, 2006, Considering clause 20; Matter of Marta Colomina and
Liliana Velásquez regarding Venezuela. Provisional Measures. Order of the Inter-American Court of Human Rights of
July 4, 2006, Considering clause 9, and Matter of the Mendoza Prisons regarding Argentina. Provisional Measures.
Order of the Inter-American Court of Human Rights of March 30, 2006, Considering clause 14.