Order of the
Inter-American Court of Human Rights∗
of November 16, 2009
Case of Trujillo Oroza v. Bolivia
(Monitoring Compliance with Judgment)
HAVING SEEN:
1.
The Judgment on the merits delivered by the Inter-American Court of Human Rights
(hereinafter, the “Court”, the “Inter-American Court”, or the “Tribunal”) on January 26,
2000.1
2.
The Judgment on reparations and costs delivered by the Inter-American Court on
February 27, 2002.2
3.
The Orders delivered by the Court on November 17, 2004 and September 12, 2005.
4.
The Order of the Court of November 21, 2007, in which it was declared, inter alia:
1.
That […] the State of Bolivia has complied with the terms established in operative
paragraph two of the Judgment on the reparations and legal costs delivered by this Tribunal on
February 27, 2002, with respect to the classification of the crime of forced disappearance of
people in the domestic legal system.
2.
That it will keep open the procedure to monitor compliance with the following aspects
pending compliance, to wit:
a)
Obligation to “make use of all the necessary resources to locate the mortal
rests of the victim and deliver them to his next of kin, in order for his family to offer a
proper burial” [operative paragraph one of the Judgment on reparations and costs of
February 27, 2002;] and
b)
investigation, identification and punishment of the responsible of the
injurious facts of the case at hand [operative paragraph three of the Judgment on
reparations and costs of February 27, 2002.]
5.
The notes of May 13, August 25 and December 15, 2008, and the notes of February
5 and March 18, 2009, whereby the Secretariat of the Court, following the instructions of
the President (hereinafter, the “President”,) requested the State of Bolivia (hereinafter, the
“State” or “Bolivia”) to submit a report on the progress made in compliance with the
Judgment on reparations and costs delivered in the instant case (supra Having Seen clause
∗
Judge Cecilia Medina-Quiroga and Judge Leonardo A. Franco informed the Court that, due to reasons
beyond their control, they could not take part in the deliberation on and signing of this Order.
1
Case of Trujillo-Oroza v. Bolivia. Merits. Judgment of January 26, 2000. Series C No. 64.
2
Case of Trujillo-Oroza v. Bolivia. Reparations and costs. Judgment of February, 27, 2002. Series C No. 92.