10
victims in the present case, and the Gómez Paquiyauri, in connection with an
agreement they signed on August 20, 2004, in which the Gómez Paquiyauri family
agreed to pay Ms. Mónica Feria Tinta the sum of US$148,000 in addition to the sum
of US$30,000 ordered by this Court as payment of costs and expenses (supra Having
Seen clauses No. 4(a) and 6).
16.
That the Court lacks jurisdiction to hear and determine cases between
individuals, as the powers of the Court are limited to the enforcement and
interpretation of the American Convention —an instrument that exclusively deals
with the rights and obligations of the States.
17.
That in monitoring compliance with the Judgment passed in this case, this
Tribunal has found that the State has complied with its obligation to pay the victims
the amounts ordered in the Judgment as payment of costs and expenses (supra
Having Seen clauses No. 3(f), 4(a), 4(b), 6 and 8(f), and Considering clause No. 13).
18.
That the Secretariat requested on several occasions the victims’ and their
representatives’ observations to the State’s reports on compliance with Judgment,
and that such observations have not been received by this Court as of the date
hereof (supra Having Seen clause No. 7).
19.
That timely submission of observations by the victims and
representatives is fundamental to assess the stage of compliance in this case.
their
20.
That the Court will consider the general stage of compliance with the
Judgment on the merits, reparations and costs of July 8, 2004, once the Court
receives the report on the measures pending compliance.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its rulings and in accordance
with Articles 33, 62(1), 65, 67 and 68(1) of the American Convention on Human
Rights, Article 25(1) of its Statute and Article 29(2) of its Rules of Procedure,
DECLARES:
1.
That, based on considering clause No. 13 of this Order, the State has
complied with its obligation:
a)
to perform a public act of acknowledgement of its responsibility in
connection with the facts of this case and as apology to the victims (Operative
Paragraph No. 10 of the Judgment of July 8, 2004);
b)
to publish —for one day— in the Official Newspaper and in another
national coverage daily, the chapter of this Judgment on proven facts, without
respective footnotes, and the operative paragraphs thereof (Operative
Paragraph No. 11 of the Judgment of July 8, 2004); and
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