6
i)
The obligation of the State to pay the total amount ordered by the Court as
costs and expenses (operative paragraph no. 14);
j)
The obligation to pay interest on any amount owed (operative paragraph
no. 17).
AND IT DECIDE[D]:
1.
To require the State to take the necessary measures to fully and immediately
comply with the unfulfilled operative paragraphs of the Judgment of preliminary
objections, merits and reparations delivered by the Court on June 7, 2003 and this
Order, according to the provisions of Article 68(1) of the American Convention on
Human Rights.
2.
To require the State to submit to the Court, before January 30, 2006, a detailed
report on the actions taken in order to comply with the reparations ordered by the Court
which are still pending, as set forth in Considering clauses No. 9 to 13 and declaratory
paragraph two in the instant Order.
3.
To request the representatives of the victim’s next of kin and the InterAmerican Commission on Human Rights to file comments on the report of the State
within four and six weeks, respectively, as from the date of receipt of the report.
4.
To continue monitoring compliance with the unfulfilled paragraphs of the
Judgment of preliminary objections, merits and reparations of June 7, 2003.
7.
The brief of January 25, 2006, whereby the representatives of the victim’s
next of kin (hereinafter "the representatives”) requested the Court to require the
State of Honduras (hereinafter “the State” or “Honduras”) “to take urgent protective
provisional measures, pursuant to the provisions of Article 63(2) of the American
Convention on Human Rights (hereinafter “the Convention” or “the American
Convention”) and Article 25 of the Rules of Procedure of the Court, in favor of the
next of kin of Juan Humberto Sánchez, […] to secure the right to humane treatment
enshrined in Article 5 of the Convention.”
8.
The representatives founded the request for provisional measures as follows:
That, according to operative paragraph number eleven of the Judgment of
preliminary objections, merits and reparations of June 7, 2003, the remains of Juan
Humberto Sánchez were exhumed on August 24, 2004. However, the remains have
not been delivered to his next of kin; on the contrary, the State acted as custodian
of the remains and transferred them to the facilities of Medicina Forense (Forensic
Medicine), alleging that certain DNA testing must be carried out and, to date, the
remains have not been delivered to the victim’s next of kin and there is no sufficient
evidence as to when the remains will be delivered.
9.
The representatives presented, among others, the following arguments in
support of the request for provisional measures:
a) The failure by the State to deliver the mortal remains of the victim to his
mother and other next of kin “makes them suffer severe psychological
damage and emotional distress because they do not know where the remains
are, how the remains are being handled, if they are in a safe place and, above
all, when the remains will be delivered to them. For this situation, the victim’s
next of kin are suffering deep humiliation and great pain.” This particularly
affects the victim’s mother, Mrs. María Dominga Sánchez, who is suffering
from great depression for not “having” her son and being unable to bury him;