7
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in view of the authority granted to it by Articles 63(2), 65, and 68(1) of the
American Convention on Human Rights, Article 30 of the Statute of the Court, and
Articles 25 and 29(2) of its Rules of Procedure,
DECIDES:
1.
To reiterate that the State has not effectively implemented the provisional
measures ordered by the Inter-American Court of Human Rights in the instant case.
2.
To declare that the State has not complied with the duty set forth in Article
68(1) of the American Convention on Human Rights.
3.
To declare that the State did not comply with its duty to report to the InterAmerican Court of Human Rights on implementation of the provisional measures
ordered by the Court.
4.
To inform the General Assembly of the Organization of American States, if the
current situation continues, of non-compliance by the State with the decisions of the
Inter-American Court of Human Rights, applying Article 65 of the American
Convention on Human Rights and Article 30 of the Statute of the Inter-American
Court of Human Rights.
5.
To reiterate to the State the order to adopt, forthwith, such measures as may
be necessary to protect the life and the right to humane treatment of Lysias Fleury.
6.
To reiterate to the State the order to investigate the facts stated in the claim
that gave rise to adoption of these provisional measures, with the aim of identifying
those responsible and punishing them as appropriate.
7.
To reiterate to the State the order to allow participation of the beneficiary of
these measures in their planning and implementation, and in general to inform him
of progress regarding implementation of the measures ordered by the InterAmerican Court of Human Rights.
8.
To order the State to report to the Inter-American Court of Human Rights, no
later than January 20, 2004, on the provisional measures it has adopted to comply
with the instant Order.
9.
To order the Inter-American Commission on Human Rights to submit to the
Inter-American Court of Human Rights whatever comments it deems pertinent within
two weeks of when it receives notice of the report filed by the State.
10.
To order the State, subsequent to its communication as set forth in operative
paragraph eight, to report to the Inter-American Court of Human Rights every two
months on the provisional measures adopted, and to order the Inter-American
Commission on Human Rights to submit its observations to said reports by the State
within six weeks of when it receives notice thereof.
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