8
31.
The representatives remarked that there is no indication that “the relevant Argentine
police and/or judicial personnel have been duly instructed on the prevention of torture,
cruel punishments, and/or other degrading treatments [...].”
32.
The Commission requested that the Tribunal obligate the State to present specific
and detailed information on compliance with this operative paragraph.
33.
The Court observes that the State has not submitted any information to it
concerning this part of the Judgment. Consequently, the Tribunal regards the obligation
contained in operative paragraph thirteen of the Judgment (supra Having Seen 1) as
unfulfilled and requests that the State supply updated information on this point in its next
brief.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercising its power to monitor compliance with its decisions and in accordance with
Articles 33, 62(1), 62(3), 67 and 68(1) of the American Convention on Human Rights,
Articles 25(1) and 30 of its Statute, and 31(2) and 69 of its Rules of Procedure,
DECLARES:
1.
In accordance with Considering Clauses 10 and 25 of the present Order, the State
has complied with the following operative paragraphs of the Judgment:
a)
To pay Mr. Juan Carlos Bayarri the amounts awarded as compensation for
pecuniary and non-pecuniary damages, as well as for expenses and fees incurred
(operative paragraph eight of the Judgment); and,
b)
To publish, on just one occasion, in the Official Gazette and in two other
widely circulated national publications, the operative part and Chapters I, VII, VIII
and IX of the Judgment, not including the corresponding footnotes, within six
months of notification of the Judgment (operative paragraph eleven of the
Judgment).
2.
According to considering clauses 14 and 29 of the present Order, the State has
partially complied with the following operative paragraphs of the Judgment:
a)
To provide Mr. Juan Carlos Bayarri with the free medical care he requires
immediately and for as long as necessary (operative paragraph nine of the
Judgment); and,
b)
To ensure that Mr. Juan Carlos Bayarri’s name is duly and immediately
purged from all public records in which he appears with a criminal history (operative
paragraph twelve of the Judgment).
3.
Pursuant to considering clauses 21 and 33 of the present Order, the following
operative paragraphs are pending compliance: