-3order to effect the payment of compensation for costs to Forest Peoples Programme and
Association Moiwana.
4.
That the Tribunal will keep open the proceedings for monitoring compliance with
the orders pending fulfillment, namely the obligations to:
a)
implement the necessary measures to investigate the facts of the case,
as well as to identify, prosecute, and eventually punish the responsible parties
(Operative Paragraph 1 of the Judgement);
b)
recover of the remains of the Moiwana community members killed during
the events of November 29, 1986, as soon as possible, and deliver them to the
surviving community members (Operative Paragraph 2 of the Judgement);
c)
adopt legislative, administrative, and other measures necessary to
ensure property rights of the members of the Moiwana community in relation to
the traditional territories from which they were expelled, and provide for the
members’ use and enjoyment of those territories (Operative Paragraph 3 of the
Judgment on preliminary objections, merits, reparations and costs, and Operative
Paragraph 1 of the Interpretation Judgement);
d)
guarantee the safety of those community members who decide to return
to Moiwana Village (Operative Paragraph 4 of the Judgement);
e)
establish a community development fund (Operative Paragraph 5 of the
Judgement), and
f)
build a memorial in a suitable public location (Operative Paragraph 7 of
the Judgment).
Through said order, the Court further decided:
1.
To require the State to take the necessary measures to fully and immediately
comply with the Operative Paragraphs pending fulfillment of the Judgment on the
preliminary objections, merits, reparations and costs, delivered by the Court on June 15,
2005 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 March 25, 2008, 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 Whereas paragraphs 10 to 16 and Declares
paragraph 4 of th[e] Order. In particular, the report shall contain detailed information
about, but should not be limited to, the following:
a.
with respect to the obligation to investigate the facts of the case and to
identify, prosecute, and eventually punish the responsible parties, the State shall
inform the Court of its efforts to ensure a mechanism by which the victims can
give their testimony with due guarantees for their safety and the effective
advancements of the judicial process;
b.
with respect to the recovery of the remains of the victims and their
delivery to the surviving community members, the State shall inform the Court of
the specific efforts taken to employ all technical and scientific means available to
recover the remains with due diligence. The State shall also report on the status
of its analysis of the human remains found at the grave site in 1993;
c.
with respect to the adoption of such legislative, administrative, and other
measures as are necessary to ensure property rights of the members of the
Moiwana community in relation to their traditional territories, the State shall
inform the Court of the composition and specific mandate of the National
Commission on Land Rights as well as the status of its deliberations in developing
a national policy. The State shall also inform the Court about the measures it has
taken to achieve the “informed consent of the victims” in this deliberative
process;