4
4.
The communications filed by the representatives of the victim (hereinafter “the
representatives”) on March 20, 2006 and June 7, 2007, whereby the representatives
reported that:
a)
they are “disconcerted by the amount of time that has passed without
the effective compliance with the Judgment, with the exception of the payment
of expenses accrued during the international proceedings”;
b)
they consider that “non-compliance of international judgments violates
due process of law”;
c)
four and a half years have passed without effective compliance with the
Judgment;
d)
“treaty obligations of States Parties bind all powers or functions of the
State, such that a State official cannot deny responsibility by demonstrating
that he carried out his function and that it is another State official that did not
do his part. Even if such is the case, it continues to be the State Party who did
not comply with its international responsibility”, and
e)
“they believe that the […] Court should determine and apply a sanction
to the State for allowing, by the way it acted, the non-compliance of the
international judgment within a reasonable timeframe”.
5.
The communications submitted by the Inter-American Commission on Human
Rights (hereinafter “the Commission” or “the Inter-American Commission”) on April 20,
2006 and June 26, 2007, whereby the Commission reported that:
a)
in their last communication “the State only presented information
regarding the two communications sent by the Attorney General’s Office
(“Procuración del Tesoro de la Nación”) to the Ministry of Justice and Human
Rights, consulting them about the developments in the compliance procedure of
the Judgment dictated by the Inter-American Court.” In this respect, the
Commission recognized that “compliance requires that different State entities
and domestic proceedings be involved. However, before the Tribunal and in the
inter-American proceedings, the responsibility of the State is undivided”;
b)
“it values that the State took the necessary actions to finalize and issue
Presidential Decree No. 99/06 that orders a course of action aimed at complying
with the reparations ordered by the Court.” However, “it is necessary to point
out that the measures ordered do not refer to the direct fulfillment of the
reparations ordered, but rather to procedures directed to fulfill them that still
need to be orchestrated and completed”;
c)
“it observes with concern that nearly all of the reparation measures
ordered by the Court are unfulfilled” and that “the State has not offered any
information regarding the advances that could have been made in the course of
the last two years to carry out the Court’s orders”, and
d)
“it requests that the Court require the State to report on the Executive
Branch’s precise timeline and planned schedule for compliance with the pending
measures.”
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