9
upon with some of the beneficiaries and “Casa Alianza”, as their representative, had been
made”. It further stated that during 2007, before the expiration of the term, they would
verify the payment of unpaid amounts owed to those persons that had accepted partial
payments and the payment of all the amounts owed to the victims that had not accepted
partial payments. In its report of October 23, 2007, the State informed that “[...] all the
amounts fixed in the Judgment on account of pecuniary and non-pecuniary damages had
been duly paid to those persons appointed as beneficiaries, in some cases payments had
been made in two installments and in some others a single payment had been made
[...].” The State reported that in the case of Reyes Servellón-Santos and Concepción
Álvarez, who had died, the payments were made to their widows. Finally, the State
informed that the costs and expenses had been paid according to the terms of the
Judgment.
35.
That the representatives, in their comments submitted on November 30, 2007,
confirmed that the payments on account of pecuniary and non-pecuniary damages and
costs and expenses had been made by the State, and since those payments were made
to the persons named in the Judgment, they requested the Court to consider said
operative paragraphs as complied (supra Having Seen Clause 3.)
36.
That the Commission valued “[...] the payment made in due time by the State
and believed that the Court may consider such part of the Judgment as complied” (supra
Having Seen Clause 4.)
37
That the Court considers that the State has complied with operative paragraphs
fifteen, sixteen, seventeen and eighteen, of the Judgment (supra Having Seen Clause 1.)
*
*
*
38.
That the Court considers it is necessary that the State submits updated
information regarding the following matters that are pending compliance, to wit:
a)
the necessary actions to identify, criminally prosecute and, as the case may
be, punish all the perpetrators and instigators of the violations committed in
detriment of the victims and to remove all obstacles and mechanisms of fact to
allow criminal effects and any other legal effect that may result from the
investigation of the facts. Further, to remove all obstacles and mechanisms of fact
and law that have maintained impunity in the instant case (operative paragraph
eight of the Judgment;)
b)
the concrete actions that have been carried out to make the public act of
acknowledgment of the international responsibility by the State in the instant case
(operative paragraph ten of the Judgment;)
c)
the concrete actions that have been taken in order to establish a training
program for the police and judicial personnel as well as personnel of the Public
Prosecutor’s Office and Penitentiary System regarding the protection of children
and youngsters, about the principle of equality before the law, and the
international standards regarding human rights and judicial guarantees afforded
to persons when arrested (operative paragraph twelve of the Judgment;) and