4
also be necessary, within this three-month period proposed by the State, that the latter
define its short, medium, and long-term goals to promptly and fully comply with its
outstanding obligations. On the understanding that this would require the efforts of various
State agencies, the Court mandated that once this timeline was submitted, the State should
report once every four months on its progress with the goals set out in the timeline, as well
as reporting on compliance with the points of the Judgment pending fulfillment.
8.
Following the Court’s Order of May 28, 2010 (supra Having Seen 2 to 5), it is
apparent that the State has twice been asked to present its timeline and that, despite
having asked the Court for an extension, this document was yet to be submitted. In this
respect, approximately nine months have passed since the original period for submission
expired, and about one year has passed since the Court’s last Order on monitoring
compliance in this case. Furthermore, the Court notes that it has not received any
information from the State on the steps it has taken to comply with any of the outstanding
obligations, except that which concerns the presentation of the timeline that the State itself
proposed.
9.
In order to guarantee the implementation of the reparation measures so ordered,
this Court must be able to verify and obtain information on the implementation of the
Judgment.6 In the present case, the State has not been honoring its treaty obligation to
inform the Court as to the manner in which it is fulfilling the outstanding reparation
measures (supra Having Seen 2).
10.
In light of the foregoing and given the Court lacks sufficient mechanisms to
supervise full compliance with the Judgment, it is imperative that the State provide
information in a timely and detailed fashion on all the steps it has taken to date to achieve
compliance, regardless of whether it has submitted its timeline to the Court. In this respect,
the Tribunal reminds the State that the Judgment provides for specific reparation measures
that are themselves independent from the design and implementation of the timeline.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercising its authority to monitor compliance with its decisions in accordance with
Articles 33, 61(1), 62(3), 65, 67, and 68(1) of the American Convention on Human Rights,
Articles 24 and 30 of the Statue, and Articles 31(2) and 69 of its Rules of Procedure,
RULES:
1.
To request that the State of Nicaragua adopt all measures necessary to effectively
and promptly comply with those points that are outstanding, as stated in Having Seen 2 of
6
Cf. Case of Neira Alegría et al. v. Peru. Monitoring Compliance with Judgment. Order of the Inter-American
Court of Human Rights of January 19, 2009, Considering Clause 20; Case of the Miguel Castro Castro Prison v.
Peru. Monitoring Compliance with Judgment. Order of the President-in-Office of December 21, 2010, Considering
Clause 16, and Case of Caso Castillo Páez v. Peru, supra note 1, Considering Clause 10.