4
3.
When it deems it appropriate, the Tribunal may convene the State and the victims’
representatives to a hearing in order to monitor compliance with its decisions; the Court shall
hear the opinion of the Commission at that hearing.
4.
Once the Tribunal has obtained all relevant information, it shall determine the state of
compliance with its decisions and issue the relevant orders.
5.
These rules also apply to cases that have not been submitted by the Commission.
6.
The States Parties to the Convention that have accepted the compulsory
jurisdiction of the Court are bound to abide by the obligations established by the
Court. This duty includes the State’s obligation to report on the measures adopted to
comply with the measures ordered by the Court in the said decisions. The prompt
observance of the State’s obligation to inform the Court about how it is complying with
each aspect ordered by the Court is fundamental for evaluating the status of
compliance in each case.5
a)
Regarding the sixteenth operative paragraph of the judgment
7.
Regarding the State’s obligation to provide the appropriate treatment required
by the next of kin of the victims who were executed during the facts of this case, the
Court received information from the State and the representatives of the victims about
the implementation of this measure of reparation during the private hearing on
monitoring compliance (supra sixth having seen paragraph). The Court will rule
opportunely on all the information received while processing the joint monitoring of the
eight Colombian cases.
b)
Regarding the twenty-second operative paragraph of the judgment
8.
In relation to the obligation to publish the proven facts and the operative
paragraphs of the judgment in the Official Gazette, the State indicated that, on April
28, 2009, it had published the pertinent sections of the judgment and attached a copy
of the publication;6 consequently, it asked that the Court “decree total compliance with
this measure of reparation.” In this regard, the representatives stated that they were
aware of the publication, which had been made in very small print. The Commission
had already “noted the State’s compliance with [this] obligation” in its observations on
the State’s third report (supra fourth having seen paragraph).
9.
The Court observes that the State has complied with this measure of
reparation.
c)
Regarding the twenty-third and twenty-fourth operative paragraphs of
the judgment
10.
With regard to the request made by the Court in its Order of July 7, 2009, for
complete and specific information in order to corroborate compliance with the
obligation to pay the compensation for pecuniary and non-pecuniary damage indicated
5
Cf. Case of the Five Pensioners v. Peru. Monitoring compliance with judgment. Order of the InterAmerican Court of Human Rights of November 17, 2004, fifth considering paragraph; Case of the Miguel
Castro Castro Prison v. Peru. Monitoring compliance with judgment. Order of the acting President of the
Inter-American Court of Human Rights of December 21, 2010, eighth considering paragraph, and Case of
the Ituango Massacres v. Colombia, supra note 3, sixth considering paragraph.
6
Cf. Diario Oficial of the Republic of Colombia of April 29, 2009, pp. 17 to 23 (monitoring compliance
file, tome II, folios 761 to 767).