Order of the
Inter-American Court of Human Rights
of January 27, 2009
Case of Bámaca Velásquez v. Guatemala
Provisional Measures and
Monitoring Compliance with Judgment
HAVING SEEN:
A)
Monitoring Compliance with Judgment
1.
The Judgment on the merits rendered by the Inter-American Court of Human
Rights (hereinafter “the Court”, the Inter-American Court” or “the Tribunal”) on
November 25, 2000.
2.
The Judgment on reparations and costs delivered by the Inter-American Court
on February 22, 2002.
3.
The Order of the Court of November 27, 2003, in which it declared, inter alia,
that: “the State ha[d] fully complied with operative paragraphs 5, 6, and 7 of the
Judgment on reparations [...] regarding compensation” for pecuniary and nonpecuniary damages, costs and expenses.
4.
The Orders of the Court of March 3, 2005 and July 4, 2006, in which it decided,
inter alia, “[t]o require the State to adopt all necessary measures to effectively and
promptly comply with the orders that have not been completed [...].”
5.
The Order of the Court of July 10, 2007, in which it declared that “the State
ha[d] fully complied with the third operative paragraph of the Judgment on
reparations” regarding the duty to publish the chapter on proven facts and the
operative paragraphs of the Judgment on the merits in the Official Gazette and in
another newspaper of national circulation and to hold a public ceremony to
acknowledge its responsibility in connection with the facts of the instant case and to
make reparation to the victims.
6.
The Order of the President of the Court (hereinafter “the President”) of
November 11, 2008, whereby, in the exercise of the powers of the Court to monitor
compliance with its own decisions, and upon prior consultation with the other judges of
this Court, it was decided to call the Inter-American Commission on Human Rights
(hereinafter “the Commission” or “the Inter-American Commission”), the Republic of
Guatemala (hereinafter “the State” or “Guatemala”) and the representatives of the
victim and his next of kin and of the beneficiaries of the provisional measures
(hereinafter “the representatives”) to a private hearing to obtain information from the