Chapter III - Annual Report 2004

...continuation (Chapter III)

351. Article 51(1) of the American Convention states that within three months from the date of the approval of the report on the merits by the IACHR, the Commission must either refer the case to the Court or decide to publish the report on the merits. Articles 61 of the Convention, 44 of the Commission’s Rules of Procedure, and 32 of the Court’s Rules of Procedure also refer to that power.

352. There follows a summary of the cases that are still active in the Court, listed by country.^{^[10]}

a. Argentina

Bulacio Case

353. In 2004, the Commission presented its periodic observations on compliance with the judgment on the merits, reparations, and costs in the referenced case. On November 17, 2004, the Court issued a resolution in which, inter alia, it enjoined the State to adopt all necessary measures to put into effect and ensure prompt observance of the items pending compliance that were ordered by the Court in its judgment, and that it submit a detailed report on such compliance.

Cantos Case

354. In 2004, the Commission presented information and observations on the first report on compliance submitted by the Argentine State.

Garrido and Baigorria Case

355. The Commission continued submitting to the Court its observations on compliance with the judgments issued and requested the Court to urge the Argentine State to carry out the measures ordered, to comply with the Court’s judgment on reparations in this case.

356. On November 25, 2004, the Court issued a resolution in which it noted that it had not received information on compliance with the judgment on reparations, resolved to continue supervising compliance with the judgment of August 27, 1998, and requested the State to submit a detailed report on such compliance by January 31, 2005 at the latest.

357. In this case, the process of supervising compliance remains active, as regards: a) the search and identification of the extramarital children of Mr. Raúl Baigorria, with all the means available to the State, and deposit of the amount of compensation to which they are entitled by way of reparations; b) the investigation of the acts that led to the disappearance of Adolfo Garrido and Raúl Baigorria, and the trial and punishment of the responsible parties, accomplices, accessories, and any persons who participated in these events; and c) the location of the mortal remains of the victims and delivery of such remains to the next of kin.

b. Bolivia

Trujillo Oroza Case

358. During 2004, the Commission periodically submitted information and observations on the reports on compliance submitted by the State.

359. On November 17, 2004, the Court issued a resolution on compliance, in which it declared that the State had complied with its obligations in the matter of payment of compensation for material and immaterial damages, publication of the judgment in the Official Gazette, and adoption of measures for the protection of human rights that would ensure the free and full exercise of the rights to life, liberty, and humane treatment, in addition to the right to judicial protection and a fair trial.

360. In the same resolution, the Court found that the State had partially fulfilled its obligation to officially give the name of the victim to an educational institution in the city of Santa Cruz, and to reimburse the mother of the victim for costs and expenses incurred. It therefore decided to keep the supervision process open in these areas and in others where noncompliance was verified, as follows: the obligation to employ all the necessary means to locate the mortal remains of the victim and deliver them to the next of kin; establishment of the forced disappearance of persons as a crime; investigation, identification, and punishment of the responsible parties in this case; holding of a public ceremony in the presence of the victim’s next of kin to officially give the name of the victim to an educational institution in the city of Santa Cruz; and, reimbursement of costs and expenses. The Court therefore required the State to submit a report.

c. Brazil

Case of Damião Ximenes Lopes

361. On October 1, 2004, the Commission submitted to the Court the application in Case No. 12,237, Damião Ximenes Lopes versus the Federative Republic of Brazil, filed on the following grounds: the inhumane and degrading conditions of the hospitalization of Damião Ximenes Lopes –a person with mental disabilities—in a medical center operating as part of the Brazilian Single Health System, known as Casa de Repouso Guararapes [Guararapes Rest Home]; the beatings and the attacks on his physical and mental integrity inflicted on him by employees of the Rest Home; his death while he was undergoing psychiatric treatment; and, the failure to conduct an investigation and to ensure a fair trial in this case, which maintain it in a situation of impunity.

d. Colombia

Case of 19 Merchants (Álvaro Lobo Pacheco et al)

362. On April 21 and 22, 2004, the Commission conducted a public hearing where it presented witnesses, experts, and final arguments regarding the merits and reparations of this case. Subsequently, the IACHR presented its final written arguments in the case.

363. On July 5, 2005, the Court issued a judgment on the merits and the reparations pertaining to this case, in which it declared that:

1. The State violated the rights to personal liberty, humane treatment, and life, enshrined in Articles 7, 5, and 4 of the American Convention on Human Rights, considered in relationship to Article 1.1 of that instrument, to the detriment of Álvaro Lobo Pacheco, Garson Javier Rodríguez Quintero, Israel Pundor Quintero, Ángel María Barrera Sánchez, Antonio Flórez Contreras, Víctor Manuel Ayala Sánchez, Alirio Chaparro Murillo, Álvaro Camargo, Gilberto Ortíz Sarmiento, Reinaldo Corzo Vargas, Luis Hernando Jáuregui Jaimes, Luis Domingo Sauza Suárez, Juan Alberto Montero Fuentes, José Ferney Fernández Díaz, Rubén Emilio Pineda Bedoya, Carlos Arturo Riatiga Carvajal, Juan Bautista, Alberto Gómez (possibly with a second last name of “Ramírez”), and Huber Pérez (possibly with a second last name of ”Castaño”), according to the terms of paragraphs 134, 135, 136, 145, 146, 150, 155, and 156 of the […] Judgment.

2. The State violated the rights to a fair trial and to judicial protection enshrined in Articles 8.1 and 25 of the American Convention on Human Rights, considered in relation to Article 1.1 of that instrument, to the detriment of Álvaro Lobo Pacheco, Gerson Javier Rodríguez Quintero, Israel Pundor Quintero, Ángel María Barrera Sánchez, Antonio Flórez Contreras, Víctor Manuel Ayala Sánchez, Alirio Chaparro Murillo, Álvaro Camargo, Gilberto Ortíz Sarmiento, Reinaldo Corzo Vargas, Luis Hernando Jáuregui Jaimes, Luis Domingo Sauza Suárez, Juan Alberto Montero Fuentes, José Ferney Fernández Díaz, Rubén Emilio Pineda Bedoya, Carlos Arturo Riatiga Carvajal, Juan Bautista, Alberto Gómez (possibly with a second last name of “Ramírez”), and Huber Pérez (possibly with a second last name of ”Castaño”), and their next of kin, according to the terms of paragraphs 173, 174, 177, 200, 203, 204, and 205 of the […] Judgment.

3. The State violated the right to humane treatment enshrined in Article 5 of the American Convention on Human Rights, considered in relation to Article 1.1 of that instrument, to the detriment of the next of kin of Álvaro Lobo Pacheco, Gerson Javier Rodríguez Quintero, Israel Pundor Quintero, Ángel María Barrera Sánchez, Antonio Flórez Contreras, Víctor Manuel Ayala Sánchez, Alirio Chaparro Murillo, Álvaro Camargo, Gilberto Ortíz Sarmiento, Reinaldo Corzo Vargas, Luis Hernando Jáuregui Jaimes, Luis Domingo Sauza Suárez, Juan Alberto Montero Fuentes, José Ferney Fernández Díaz, Rubén Emilio Pineda Bedoya, Carlos Arturo Riatiga Carvajal, Juan Bautista, Alberto Gómez (possibly with a second last name of “Ramírez”), and Huber Pérez (possibly with a second last name of ”Castaño”), according to the terms of paragraphs 212 to 218 of the […] Judgment.

The Court therefore decided that:

4. [the] Judgment constitutes per se a form of reparations, according to the terms of paragraph 279 of the same.

5. the State must conduct an effective investigation of the facts of the […] case within a reasonable time, in order to identify, prosecute, and punish the actual perpetrators and intellectual authors of the violations committed to the detriment of the 19 merchants, for the penal effects and any others that may result from the investigation of the facts, and the results of this process shall be publicly disclosed, according to the terms of paragraphs 256 to 263 of the […] Judgment.

6. the State must, within a reasonable time, conduct a serious search, in which every effort is made to determine with certainty what happened to the remains of the victims and, if possible, to deliver said remains to the next of kin, according to the terms of paragraphs 270 and 271 of the […] Judgment.

7. the State must erect a monument to the memory of the victims, and, in a public ceremony attended by the next of kin of the victims, it must place a plaque inscribed with the names of the 19 merchants, according to the terms of paragraph 273 of the […] Judgment..

8. the State must arrange for a public act of recognition of its international responsibility for the crimes of this case and as an apology in memory of the 19 merchants, in the presence of the next of kin of the victims; the highest State authorities must also participate in this event, according to the terms of paragraph 274 of the […] Judgment.

9. the State must provide free of charge the medical and psychological treatment required by the families of the victims, through its specialized health institutions, according to the terms of paragraphs 277 and 278 of the […] Judgment.

10. the State must establish all the necessary conditions so that the family members of the victim Antonio Flórez Contreras, who are in exile, may return to Colombia, if they so wish, and it must cover the expenses incurred as a result of the move, according to the terms of paragraph 279 of the […] Judgment.

11. the State must specifically take steps to guarantee the life, safety, and security of the persons and their next of kin who have given testimony to the Court, and it must provide them with the necessary protection vis-à-vis any persons, taking into account the circumstances of this case, according to the terms of paragraph 280 of the […] Judgment.

12. the State must pay the total amount of US$ 55,000.00 (fifty-five thousand United States dollars), or its equivalent in Colombian currency, to cover the lost income of each of the 19 victims, according to the terms of paragraphs 230, 231, 233, 234, 235, 240, and 243 of the […] Judgment.

13. the State must pay the total amount of US$ 2,000.00 (two thousand United States dollars) or its equivalent in Colombian currency for the expenses incurred by the next of kin of victims Juan Alberto Montero Fuentes, Víctor Manuel Ayala Sánchez, Gerson Javier Rodríguez Quintero, Antonio Flórez Contreras, Ángel María Barrera Sánchez, Alirio Chaparro Murillo, Álvaro Lobo Pacheco, Israel Pundor Quintero, Luis Hernando Jáuregui Jaimes, Rubén Emilio Pineda Bedoya, and Reinaldo Corzo Vargas, in their efforts to determine the whereabouts of these persons, according to the terms of paragraphs 242 and 243 of the […] Judgment.

14. the State must pay the total amount of US$ 80,000.00 (eighty thousand United States dollars),or its equivalent in Colombian currency, as damages for the pain and suffering [dano inmaterial] of each of the 19 victims, according to the terms of paragraphs 230, 231, 235, 233, 234, 250, 251, and 252 of the […] Judgment.

15. the State must make the following payments for damages [pain and suffering] caused to the next of kin of the victims:

a) the amount of US$ 50,000.00 (fifty thousand United States dollars) or its equivalent in Colombian currency, to each of the children of the victims, according to the terms of paragraphs 231, 233, 234, 235, 248, 249, 250, and 252 of the […] Judgment;

b) the amount of US$ 80,000.00 (eighty thousand United States dollars), or its equivalent in Colombian currency, to each of the spouses and companions of the victims, according to the terms of paragraphs 231, 233, 234, 235, 248, 249, 250, and 252 of the […] Judgment;

c) the amount of US$ 50,000.00 (fifty thousand United States dollars), or its equivalent in Colombian currency, to each of the parents of the victims, according to the terms of paragraphs 231, 233, 234, 235, 248, 249, 250, and 252 of the […] Judgment; and

d) the amount of US$ 8,500,00 (eight thousand five hundred United States dollars), or its equivalent in Colombian currency, to each of the brothers and sisters of the victims, according to the terms of paragraphs 231, 233, 234, 235, 248, 249, 250, and 252 of the […] Judgment.

16. the State must pay the amount of US$ 10,000.00 (ten thousand United States dollars), or its equivalent in Colombian currency, to the Colombian Commission of Attorneys [Comisión Colombiana de Juristas], and the amount of US$ 3,000.00 (three thousand United States dollars), or its equivalent in Colombian currency, to the Center for International Justice and Law (CEJIL) according to the terms of paragraph 285 of the […] Judgment.

17. the State must pay the total amount of material and immaterial damages established in the […] Judgment, and none of the items comprising this amount shall be subject to any taxes or assessments either in effect at the present time or decreed in future, according to the terms of paragraph 292 of the […] Judgment.

18. the State may comply with its financial obligations by payment in United States dollars or in the equivalent amount in Colombian currency, except in the case of bank investment [constitution de la inversión bancaria], according to the terms of paragraphs 290 and 291 of the […] Judgment.

19. the State must pay the compensation and reimbursement of costs and expenses, and adopt the measures ordered under operative items 7, 8, 9, 10, 12, 13, 14, 15, and 16 of the […] Judgment, within a period of one year of the date of notification, according to the terms of paragraph 286 of the […] Judgment.

20. in the event the State should become delinquent in its payments, it must pay interest on the amount owed at the banking rate of interest for arrears in Colombia, according to the terms of paragraph 293 of the […] Judgment.

21. if for reasons attributed to the beneficiaries of the compensation, it is impossible for them to receive it within the stipulated period of one year as of the date of notification of the […] Judgment, the State shall earmark said amounts to an account or place them in a certificate of deposit with a solvent Colombian banking institution, according to the terms of paragraph 289 of the […] Judgment.

22. the State shall deposit the compensation ordered in favor of the youngest beneficiaries, in a bank investment in their name held by a solvent Colombian institution, in United States dollars, within a period of one year, and on the most favorable financial terms allowed under banking legislation and practice, as long as they are minors, according to the terms of paragraph 290 of the […] Judgment.

23. the State shall supervise the execution of this judgment and shall consider the […] case closed once the State has fully executed said judgment. Within a year, counting from the date of notification of the judgment, the State must submit to the Court a report on the measures adopted to comply with the judgment, according to the terms of paragraph 294 of the [Judgment].

Caballero Delgado y Santana Case

364. In the course of 2004, the Commission continued submitting its observations on the State’s reports on compliance.

Las Palmeras Case

365. During 2004, the Commission continued submitting its observations on the State’s reports.

366. On November 17, 2004, the Court declared that the State had complied with certain obligations, and that it would maintain the procedure for supervision of compliance open in regard to the following items still pending: investigation, identification, and punishment of the responsible parties; the measures required to identify N.N./Moisés, within a reasonable time, and to locate, exhume, and deliver the remains to the next of kin and grant them reparations and payment of the amount owed by the State. The Court therefore asked the State to submit a report on compliance, by January 3, 2005 at the latest.

La Granja and El Aro Case

367. On July 30, 2004, the Commission submitted to the Court an application in cases 12,050 (La Granja) and 12,266 (El Aro), against Colombia, for its responsibility in the events that occurred in June 1996 and October 1997, respectively, in the Municipality of Ituango, Department of Antioquia, with regard to the violation of the right to life of 16 persons, the right to life and personal liberty of one person, the right to life, humane treatment, and liberty of two persons, and the right to property of six persons, in addition to violations of its duty to ensure due protection and the right to a fair trial for all these persons and their next of kin, and of the rights of the child in the applicable case, all of which are to be considered in conjunction with the provisions of Article 1(1) of the American Convention

368. Subsequently, the State responded to the petition and the brief containing the requests, arguments, and evidence of the representatives, and filed preliminary objections to the jurisdiction of the Court to hear this case. The Inter-American Commission submitted its observations on the subject, in which it refuted the State’s allegations.

Case of the Mapiripán Massacre

369. On September 5, 2003, the Commission submitted to the Court the application in Case 12,250, Mapiripán Massacre, against Colombia. In 2004, the State responded to the petition and the brief of requests, arguments, and evidence from the representatives, and filed its preliminary objections to the jurisdiction of the Court to hear the matter. The Inter-American Commission submitted pertinent observations in which it refuted the State’s allegations.

"Pueblo Bello" Case (José Álvarez Blanco et al)

370. On March 23, 2004, the Commission submitted an application in case 11,748 against the Republic of Colombia, for torture and the forced disappearance of 37 persons and for the torture and extrajudicial execution of six more persons. These crimes occurred in January 1990 by the action of paramilitary groups, with the acquiescence of State agents in the Departments of Antioquia and Córdoba, in the Republic of Colombia. Subsequently, the State submitted its answer to the application, and to the written communication containing the requests, arguments, and evidence submitted by the representatives, together with a brief in which it filed preliminary objections to the jurisdiction of the Court to hear the matter. The Inter-American Commission submitted its observations in which it rejected the allegations by Colombia.

Case of Wilson Gutiérrez Soler

371. On March 26, 2004, the Commission submitted to the jurisdiction of the Inter-American Court an application in case 12,291 against the Republic of Colombia, for the illegal detention of Wilson Gutiérrez Soler on August 24, 1994 in the city of Bogotá, for subjecting him to torture and cruel, inhuman, and degrading treatment while he was in the custody of State agents, and for violation of his right to a fair trial, as well as for the total impunity persisting with respect to these acts. The State submitted its answer to the application and to the brief containing the requests, arguments, and evidence of the representatives, and filed preliminary objections. The Commission submitted its observations, in which it refuted the State’s arguments.

e. Chile

Case of Humberto Palamara Iribarne

372. On May 13, 2004, the Commission filed an application with the Court in case 11,571, Humberto Antonio Palamara Iribarne versus the Republic of Chile, for having seized the copies and the master of the book “Ética y Servicios de Inteligencia” [“Ethics and Intelligence Services”], for having deleted the book from the hard drive of Mr. Palamara’s personal computer, for having prohibited publication of the book, and for having convicted Humberto Antonio Palamara for the crime of desacato [contempt, or insulting a public official]. On these grounds, the IACHR requested the Court to determine a violation of Articles 13 (Freedom of Expression) and 21 (Right to Property) of the American Convention. The State submitted its answer to the application and to the written requests, arguments, and evidence submitted by the representatives. In 2004, the case was in the intermediate stage of processing by the Court.

f. Costa Rica

Case of "La Nación" Newspaper

373. On April 30 and May 1, 2004, in a public hearing of the Court, the Commission presented its final oral arguments on the merits, reparations, and costs, in addition to testimony from witnesses and experts offered in this case. Afterwards, the IACHR submitted its final written arguments in the case.

374. On July 2, 2004, the Court issued a judgment on the merits and reparations in the instant case, in which it found that:

1. The State violated the right to freedom of thought and expression enshrined in Article 13 of the American Convention on Human Rights, considered in relation to Article 1.1 of that instrument, to the detriment of Mauricio Herrera Ulloa, according to the terms of paragraphs 130, 131, 132, 133, and 135 of the […] Judgment.

2. The State violated the right to a fair trial enshrined in Article 8.1 of the American Convention on Human Rights, considered in relation to Article 1.1 of that instrument, and in Article 8.2.h of the American Convention, considered in relation to Articles 1.1 and 2 of that instrument, to the detriment of Mauricio Herrera Ulloa, according to the terms of paragraphs 172, 174, 175, and 167 of the […] Judgment.

3. The judgment constitutes per se a form of reparations according to the terms of paragraph 200 of the same.

Consequently, it ordered that:

4. The State must nullify the judgment, along with all of its factual allegations, that was issued on November 12, 1999 by the Criminal Court of the First Judicial Circuit of San José, according to the terms indicated in paragraphs 195 and 204 of the […] Judgment.

5. Within a reasonable time, the State must modify its domestic body of law to conform to Article 8.2.h of the American Convention on Human Rights, considered in relation to Article 2 of that instrument, according to the terms indicated in paragraph 198 of the […] Judgment.

6. The State must pay to Mauricio Herrera Ulloa, as compensation for immaterial damages, the amount of US$ 20,000,00 (twenty thousand United States dollars), or its equivalent in Costa Rican currency, according to the terms of paragraphs 200, 203, 204, and 205 of the […] Judgment.

7. The State must pay US$10,000.00 (ten thousand United States dollars), or its equivalent in Costa Rican currency, to Mauricio Herrera Ulloa, to cover the expenses incurred in his legal defense in procedures involving the inter-American system for the protection of human rights, according to the terms of paragraphs 202, 203, 204, and 205 of the […] Judgment.

8. None of the items referred to in operative paragraphs 6 and 7 of this judgment may be subjected to any taxes or assessments that are either existing at the present time or may in future be decreed, according to the terms of paragraph 204 of the […] Judgment.

9. In the event that the State should become delinquent in such payments, it shall pay interest on the amount owed, in accordance with the bank penalty interest rate in Costa Rica, according to the terms of paragraphs 203 and 204 of the […] Judgment.

10. The State’s obligations in respect of the provisional measures ordered shall be replaced by the obligations set forth in […] Judgment, as of the date of notification of this judgment, according to the terms set forth in paragraphs 195, 196, 198, 200, and 202 of the […] Judgment.

11. The State must comply with the measures for compensation of damages and reimbursement of expenses contained in operative paragraphs 4, 6, and 7 of the […] Judgment, within six months of the date of notification of said judgment.

12. Within six months from notification of the judgment, the State must submit to the Court a report on the measures adopted to comply with the judgment, according to the terms of paragraph 206 of that document.

13. The Court shall supervise compliance with the judgment and shall consider the […] case closed once the State has fully executed the judgment in question.

g. Ecuador

Benavides Cevallos Case

375. In 2004, the Commission submitted observations on the information presented by the Ecuadorian State. The IACHR reiterated its concern over the failure of the State to comply with the obligation to investigate, prosecute, and punish the parties responsible for the human rights violations committed to the detriment of Consuelo Benavides Cevallos, in accordance with operative item four of the judgment of June 19, 1998.

Daniel David Tibi Case

376. On July 7 and 8, 2004, the Commission appeared at a public hearing of the Inter-American Court. At that hearing, it presented its final oral arguments on the preliminary objections, merits, and reparations and costs, and the witnesses and proposed experts presented their testimony. Afterwards, the IACHR presented its final written arguments in the present case.

377. On September 7, 2004, the Court issued its judgment on the preliminary objections, merits, and reparations in the case in point, in which it decided as follows:

1. To reject the first preliminary objection filed by the State on “failure to exhaust domestic remedies.”

2. To reject the second preliminary objection filed by the State, on “lack of jurisdiction ratione materiae of the Inter-American Court to hear violations of the Inter-American Convention to Prevent and Punish Torture.”

It concluded that:

3. The State violated the right to personal liberty enshrined in Article 7.1, 7.2, 7.3, 7.4, and 7.5 of the American Convention on Human Rights, considered in relation to Article 1.1 of that instrument, to the detriment of Daniel Tibi, according to the terms of paragraphs 94 to 122 of the […] Judgment.

4. The State violated the rights to personal liberty and judicial protection enshrined in Articles 7.6 and 25 of the American Convention on Human Rights, considered in relation to Article 1.1 of that instrument, to the detriment of Daniel Tibi, according to the terms of paragraphs 126 to 137 of the […] Judgment.

5. The State violated the right to humane treatment enshrined in Article 5.1, 5.2, and 5.4 of the American Convention on Human Rights, considered in relation to Article 1.1 of that instrument, and it failed to comply with the obligations stipulated in Articles 1, 6, and 8 of the Inter-American Convention to Prevent and Punish Torture, to the detriment of Daniel Tibi, according to the terms of paragraphs 142 to 159 and 162 of the […] Judgment.

6. The State violated the right to humane treatment enshrined in Article 5.1 of the American Convention, considered in relation to Article 1.1 of that instrument, to the detriment of Beatrice Baruet, Sarah and Jeanne Camila Vachon, Lisianne Judith Tibi, and Valerian Edouard Tibi, according to the terms of paragraphs 160 to 162 of the […] Judgment.

7. The State violated the right to a fair trial enshrined in Article 8.1, 8.2, 8.2.b, 8.2.d, 8.2.e, and 8.2.g of the American Convention on Human Rights, considered in relation to Article 1.1 of that instrument, to the detriment of Daniel Tibi, according to the terms of paragraphs 167 to 200 of the […] Judgment.

8. The State violated the right to property enshrined in Article 21 of the American Convention on Human Rights, considered in relation to Article 1.1 of that instrument, to the detriment of Daniel Tibi, according to the terms of paragraphs 209 to 221 of the […] Judgment.

Consequently, it ordered that:

9. [The] judgment constitute per se a form of reparations, according to the terms of paragraph 243 of the same.

10. The State, in a reasonable time, conduct an effective investigation of the facts of the […] case, for the purpose of identifying, prosecuting, and punishing all the parties responsible for the violations committed to the detriment of Daniel Tibi. The result of this process should be circulated publicly, according to the terms of paragraphs 254 to 259 of the […] Judgment.

11. The State publish, at least once, in the Official Gazette and in another daily newspaper circulated nationally in Ecuador, both the section entitled “Proven Facts” as well as operative paragraphs one to sixteen of the […] Judgment, without the footnotes. In addition, the State shall publish the foregoing, translated into French, in a widely circulated newspaper in France, and specifically in the region where Mr. Daniel Tibi resides, according to the terms of paragraph 260 of the […] Judgment.

12. The State publish an official written statement issued by high government authorities in which they acknowledge their international responsibility for the acts referred to in […] case and they apologize to Mr. Tibi and to the other victims referred to in the […] Judgment, according to the terms of paragraph 261 of that Judgment.

13. The State shall establish a training program for personnel of the judiciary, public prosecutor’s office [ministerio público], the police and prisons, including medical, psychiatric, and psychological personnel, on the principles and rules of government protection for human rights in prisons and detention centers. The design and implementation of the training program should include the allocation of specific resources to achieve its purposes, and it should be carried out with the participation of civil society. To this end, the State should set up an inter-institutional committee for the purpose of defining and implementing the training programs in human rights and treatment of prisoners. The State shall report to this Court on the formation and operation of this committee within six months, according to the terms of paragraphs 262 to 264 of the [...] Judgment.

14. The State shall pay the total amount of €148.715,00 (one hundred forty-eight thousand, seven hundred fifteen euros) as compensation for physical or material damages, according to the terms of paragraphs 235 to 238 of the […] judgment, to be distributed as follows:

a) to Daniel Tibi, the amount of €57,995.00 (fifty-seven thousand, nine hundred ninety-five euros), according to the terms of paragraphs 235, 236, 237.b, 237.c, 237.d, and 238 of the […] Judgment;

b) the State shall return to Daniel Tibi the property seized at the time of his detention, within a period of six months from the date of the [...] judgment. If that is impossible, the State shall pay to him the amount of €82,850.00 (eighty-two thousand, eight hundred fifty euros), according to the terms of paragraphs 237.e and 238 of the […] Judgment; and

c) to Beatrice Baruet, the amount of €7.870,00 (seven thousand eight hundred seventy euros), according to the terms of paragraphs 237.a and 238 of the […] Judgment.

15. The State shall pay the total amount of €207,123.00 (two hundred seven, one hundred twenty-three euros), as compensation for immaterial damages, according to the terms of paragraphs 244 to 250 of the […] Judgment, to be distributed as follows:

a) to Daniel Tibi, the amount of €99.420,00 (ninety-nine thousand, four hundred twenty euros), according to the terms of paragraphs 244 to 246, 249, and 250 of the [..] Judgment;

b) to Beatrice Baruet, the amount of €57,995.00 (fifty-seven thousand, nine hundred ninety-five euros), according to the terms of paragraphs 247, 248, and 250 of the […] Judgment;

c) to Sarah Vachon, the amount of €12,427.00 (twelve thousand, four hundred twenty-seven euros) according to the terms of paragraphs 247, 248, and 250 of the […] Judgment;

d) to Jeanne Camila Vachon, the amount of €12,427.00 (twelve thousand, four hundred twenty-seven euros) according to the terms of paragraphs 247, 248, 250, and 275 of the […] Judgment;

e) to Lisianne Judith Tibi, the amount of €12,427.00 (twelve thousand, four hundred twenty-seven euros) according to the terms of paragraphs 247, 248, 250, and 275 of the […] Judgment; and

f) to Valerian Edouard Tibi, the amount of €12,427.00 (twelve thousand, four hundred twenty-seven euros) according to the terms of paragraphs 247, 248, and 250 of the […] Judgment.

16. The State shall pay to Daniel Tibi the total amount of €37,282.00 (thirty-seven thousand, two hundred eighty-two euros), to cover the costs and expenses incurred in domestic proceedings and in the international procedures in the inter-American system for the protection of human rights, according to the terms of paragraphs 268 to 270 of the […] Judgment.

17. The State shall fulfill its monetary obligations by payment in euros.

18. They payments for damages and costs and expenses established in this Judgment may not be obligated, reduced, or made conditional, by application of current or future fiscal provisions, according to the terms of paragraph 277 of the […] Judgment.

19. The State shall comply with the measures for reparations and reimbursement of expenses stipulated in the […] Judgment, within a period of one year, counting from notification of this Judgment, unless different terms are established.

20. It shall supervise full compliance with the […] Judgment. The case shall be considered closed once the State has fully executed all the provisions of the […] judgment. Within the period of one year, counting from notification of the Judgment, the State must submit to the Court an initial report on the measures adopted to comply with it.

Case of Rigoberto Acosta Calderón

378. On June 25, 2003, the Commission presented to the Court the case of Rigoberto Acosta Calderón, to obtain the Court’s opinion on the international responsibility of the Republic of Ecuador for violation of Articles 7(3) and (5), 8(1), 8(2), 8(2)(d) and (e), 24, and 25 of the Convention, all to be considered in conjunction with the obligations set forth in Articles 1(1) and 2 of the Convention. The case is in the intermediate stage of proceedings, and no action was taken by the Commission during 2004.

Suárez Rosero Case

379. In 2004, the Commission submitted information and observations on the information presented by the Ecuadorian State, in which it referred to the need for the State to adopt all necessary measures to make the reparations ordered in the judgments on the merits (November 12, 1997) and on reparations (20 January, 1999), which are pending compliance.

h. El Salvador

Case of Erlinda and Ernestina Serrano Cruz

380. On September 7 and 8, 2004, the Commission appeared before the Court at a public hearing and presented its final oral arguments, as well as testimony and evidence offered on the preliminary exceptions, merits, and reparations and costs. Subsequently, the IACHR presented its final written arguments in the present case.

381. On November 23, 2004, the Court issued its judgment, in which it decided

Unanimously:

1. To admit the first preliminary ratione temporis objection filed by the State, entitled “Lack of jurisdiction by virtue of the terms on which the State of El Salvador submitted to the jurisdiction of the Inter-American Court of Human Rights,” in accordance with paragraphs 73, 78, and 96 of the […] Judgment, with regard to the facts or the acts that occurred prior to June 6, 1995, the date on which the State deposited the instrument of recognition of the jurisdiction of the Court with the OAS General Secretariat.

By six votes to one:

2. To admit the first preliminary ratione temporis objection filed by the State, called “Lack of jurisdiction by virtue of the terms on which the State of El Salvador submitted to the jurisdiction of the Inter-American Court of Human Rights,” in accordance with paragraphs 73, 79, 95, and 96 of the […] Judgment, with regard to the facts or the acts which began to be executed prior to June 6, 1995, and which continued after the date on which the jurisdiction of the court was recognized.

Dissenting vote: Judge Cançado Trindade.

By six votes to one:

3. To overrule the first preliminary ratione temporis objection filed by the State, called “Lack of jurisdiction by virtue of the terms on which the State of El Salvador submitted to the jurisdiction of the Inter-American Court of Human Rights,” in accordance with paragraphs 84, 85, 93, 94, and 96 of the […] Judgment, with regard to the alleged violations of Articles 8 and 25 of the Convention, considered in relation to Article 1.1 of that instrument, and with regard to any other violation which occurred or was initiated after June 6,1995, the date on which the State deposited with the OAS General Secretariat its instrument of recognition of the Court’s jurisdiction.

Dissenting vote: ad hoc Judge Montiel Argüello.

Unanimously:

4. To overrule the preliminary objection entitled “Nonretroactive nature of application of the terms, ‘Forced Disappearances of Persons’,” in accordance with the first and second operative items, and paragraphs 78, 79, and 106 of the […] Judgment.

Unanimously:

5. To overrule the second preliminary objection entitled “Lack of Rationae Materiae Jurisdiction,” in accordance with the first and second operative points and paragraphs 78, 79, and 120 of the […] Judgment.

Unanimously:

6. To overrule the third preliminary objection, called “Inadmissibility of the application for reasons of obscurity and inconsistency between the Object and the Petitorio [part of the petition containing the legal claims and procedural action requested], on the one hand, and the body of the application, on the other,” on the grounds that this does not constitute a preliminary objection per se, in accordance with paragraph 127 of the […] Judgment.

By six votes to one:

7. To overrule the fourth preliminary objection filed by the State on “lack of exhaustion of domestic remedies,” in accordance with paragraphs 141 and 142 of the […] Judgment.

Dissenting vote: ad hoc Judge Montiel Argüello.

i. Guatemala

Bámaca Velásquez Case

382. During 2004, the Commission regularly presented comments on the compliance reports filed by the State.

Blake Case

383. During 2004, the Commission regularly presented information and comments on the compliance reports filed by the State.

Carpio Nicolle Case

384. On July 5 and 6, 2004, the Commission appeared before the Court at a public hearing that had been scheduled to address the merits of the case and the reparations and costs. However, at the start of the public hearing, the Guatemalan State acknowledged its international responsibility for the human rights violations alleged in the case.

385. On July 5, 2004, the Court issued an Order in which it resolved to accept the State’s recognition of its international responsibility and to continue with the public hearing that had been convened, but to restrict its focus to the matter of reparations and costs. Consequently, the Commission submitted its claims and its testimonial and expert evidence as relevant to the reparations and costs only. The IACHR subsequently submitted its written final arguments applicable to this case.

386. On November 22, 2004, the Court issued Judgment in this case, in which it found:

Unanimously that:

1. The State did violate the rights enshrined in the following articles of the American Convention on Human Rights, in conjunction with Article 1.1 (obligation to respect rights) thereof:

(a) 4.1 (right to life), with respect to Messrs. Jorge Carpio Nicolle, Juan Vicente Villacorta Fajardo, Alejandro Ávila Guzmán, and Rigoberto Rivas González;

(b) 5.1 (right to humane treatment), with respect to Messrs. Sydney Shaw Díaz, Martha Arrivillaga de Carpio, Mario Arturo López Arrivillaga, Sydney Shaw Arrivillaga, Ricardo San Pedro Suárez, Jorge Carpio Arrivillaga, Rodrigo Carpio Arrivillaga, Karen Fischer, Rodrigo Carpio Fischer, Daniela Carpio Fischer, Silvia Arrivillaga de Villacorta, Álvaro Martín Villacorta Arrivillaga, Silvia Piedad Villacorta Arrivillaga, Juan Carlos Villacorta Arrivillaga, María Isabel Villacorta Arrivillaga, José Arturo Villacorta Arrivillaga, Rosa Everilda Mansilla Pineda, Lisbeth Azucena Rivas Mansilla, Dalia Yaneth Rivas Mansilla, César Aníbal Rivas Mansilla, Nixon Rigoberto Rivas Mansilla, Sonia Lisbeth Hernández Saraccine, Alejandro Ávila Hernández, Sydney Roberto Ávila Hernández, María Paula González Chamo, and María Nohemi Guzmán;

(c) 5.2 (right to humane treatment), with respect to Messrs. Sydney Shaw Díaz, Martha Arrivillaga de Carpio, Sydney Shaw Arrivillaga, Mario Arturo López Arrivillaga, and Ricardo San Pedro Suárez;

(d) 19 (rights of the child), with respect to Sydney Shaw Díaz, a minor child at the time;

(e) 13.1, 13.2 (a), and 13.3 (freedom of thought and expression), with respect to Mr. Carpio Nicolle;

(f) 8.1 (right to a fair trial) and 25 (judicial protection), with respect to Messrs. Sydney Shaw Díaz, Martha Arrivillaga de Carpio, Mario Arturo López Arrivillaga, Sydney Shaw Arrivillaga, Ricardo San Pedro Suárez, Jorge Carpio Arrivillaga, Rodrigo Carpio Arrivillaga, Karen Fischer, Rodrigo Carpio Fischer, Daniela Carpio Fischer, Silvia Arrivillaga de Villacorta, Álvaro Martín Villacorta Arrivillaga, Silvia Piedad Villacorta Arrivillaga, Juan Carlos Villacorta Arrivillaga, María Isabel Villacorta Arrivillaga, José Arturo Villacorta Arrivillaga, Rosa Everilda Mansilla Pineda, Lisbeth Azucena Rivas Mansilla, Dalia Yaneth Rivas Mansilla, César Aníbal Rivas Mansilla, Nixon Rigoberto Rivas Mansilla, Sonia Lisbeth Hernández Saraccine, Alejandro Ávila Hernández, Sydney Roberto Ávila Hernández, María Paula González Chamo, and María Nohemi Guzmán; and,

(g) 23.1 (a), (b) and (c) (political rights), with respect to Mr. Carpio Nicolle.

2. [The] Judgment represents, in and of itself, a form of reparations, pursuant to paragraph 117 of the […] Judgment.

AND ORDER[ED]:

Unanimously, that:

1. The State shall conduct an effective investigation into the facts of this case in order to identify, prosecute, and punish the physical perpetrators of and the masterminds behind the extrajudicial killing of Messrs. Carpio Nicolle, Villacorta Fajardo, Ávila Guzmán, and Rivas González, and of the serious injuries inflicted on Sydney Shaw Díaz. The result of those proceedings shall be made public, pursuant to paragraph 129 of the […] Judgment.

2. The State shall eliminate all physical and legal obstacles and mechanisms that serve to uphold impunity in the case at hand, guarantee adequate guarantees of security to the witnesses, judicial authorities, prosecutors, other officials of the judiciary, and the victims’ relatives, and take all steps within its reach to pursue the proceedings, pursuant to paragraphs 130 to 134 of the […] Judgment.

3. The State shall adopt specific measures aimed at strengthening its capacity to conduct investigations, pursuant to paragraph 135 of the […] Judgment.

4. The State shall publicly recognize its responsibility in connection with the […] case, and express its apologies, pursuant to paragraphs 136 and 137 of the […] Judgment.

5. The State shall publish, within six months following notification of the […] Judgment, and on at least one occasion, in the Official Journal, in another national daily newspaper, and in the most widely read bulletin of the Guatemalan armed forces, the section of [the] Judgment titled Proven Facts, without the corresponding footnotes, paragraphs 77 and 78 of the section titled Grounds of the Judgment, and the operative paragraphs thereof, pursuant to paragraph 138 of the […] Judgment.

6. The State shall pay, as material damages, the amounts set out in paragraphs 106 to 113 of the […] Judgment to Messrs. Jorge Carpio Nicolle, Juan Vicente Villacorta Fajardo, Alejandro Ávila Guzmán, Rigoberto Rivas González, Martha Arrivillaga de Carpio, Jorge Carpio Arrivillaga, Rodrigo Carpio Arrivillaga, Karen Fischer, Mario Arturo López Arrivillaga, and Sydney Shaw Arrivillaga, pursuant to the terms of those paragraphs and of paragraphs 97 to 100.

7. The State shall pay, as nonmaterial damages, the amounts set out in paragraph 120 of the […] Judgment to Messrs. Jorge Carpio Nicolle, Juan Vicente Villacorta Fajardo, Alejandro Ávila Guzmán, Rigoberto Rivas González, Sydney Shaw Díaz, Martha Arrivillaga de Carpio, Mario Arturo López Arrivillaga, Sydney Shaw Arrivillaga, Ricardo San Pedro Suárez, Jorge Carpio Arrivillaga, Rodrigo Carpio Arrivillaga, Karen Fischer, Rodrigo Carpio Fischer, Daniela Carpio Fischer, Silvia Arrivillaga de Villacorta, Álvaro Martín Villacorta Arrivillaga, Silvia Piedad Villacorta Arrivillaga, Juan Carlos Villacorta Arrivillaga, María Isabel Villacorta Arrivillaga, José Arturo Villacorta Arrivillaga, Rosa Everilda Mansilla Pineda, Lisbeth Azucena Rivas Mansilla, Dalia Yaneth Rivas Mansilla, César Aníbal Rivas Mansilla, Nixon Rigoberto Rivas Mansilla, Sonia Lisbeth Hernández Saraccine, Alejandro Ávila Hernández, Sydney Ávila Hernández, María Paula González Chamo, and María Nohemi Guzmán, pursuant to the terms of that paragraph and of paragraphs 97 to 100.

8. The State shall pay the amount set out in paragraph 145 of the […] Judgment to Mrs. Martha Arrivillaga de Carpio and Messrs. Rodrigo and Jorge Carpio Arrivillaga, to cover costs and expenses, pursuant to that paragraph.

9. The State shall pay the compensation amounts and reimburse the costs and expenses within a period of one year following notification of the […] ruling, pursuant to paragraph 146 of [the] Judgment. Regarding the publication of the relevant parts of the Judgment and the public act recognizing its international responsibility and offering its apologies, the State shall comply with those requirements within a period of six months following the notification of the […] Judgment, pursuant to paragraph 146 thereof.

10. The State shall deposit the compensation ordered payable to the minor beneficiaries in a bank investment held in their name at a solvent Guatemalan institution, in U.S. dollars or in domestic currency, as selected by their legal representatives, within a period of one year, and under the most favorable financial conditions permissible under law and banking practice for as long as they remain minors, pursuant to paragraph 151 of [the] Judgment.

11. The State may meet its monetary obligations by payments in U.S. dollars or in the equivalent amount of the State’s domestic currency, using for the calculation thereof the exchange rate between the two currencies in force in New York City, United States of America, the day prior to the payment, pursuant to paragraph 149 of the […] Judgment.

12. The payments for material and nonmaterial damages and for costs and expenses set out in the […] Judgment may not be adjusted, reduced, or subjected to any conditions by reason of current or future fiscal policy, pursuant to paragraph 152 of the […] Judgment

13. Should the State’s payments fall past due, it shall pay interest on the amount owed in accordance with past-due bank interest rates in Guatemala.

14. If, for reasons attributable to the beneficiaries of the compensation payments, said payments could not be given to them within the period of one year as stipulated, following notification of the […] Judgment, the State shall deposit those amounts, on behalf of the beneficiaries, in an account or certificate of deposit at a solvent Guatemalan banking institution, pursuant to paragraph 150 of the […] Judgment.

15. It shall monitor complete compliance with [the] Judgment, and it shall consider this case closed once the State has fully complied with the measures set forth therein. Within a period of one year following notification of [the] Judgment, the State shall submit to the Court a report on the steps taken in compliance with its terms, pursuant to paragraph 154 thereof.

Fermín Ramírez Case

387. On September 12, 2004, the Commission lodged with the Court its application in Case No. 12.403, filed against Guatemala for its responsibility in violating Articles 4 (right to life), 8 (right to a fair trial), 25 (right to effective judicial protection), and 1.1 (obligation of respecting rights) of the American Convention by sentencing Mr. Fermín Ramírez to the death penalty without affording him the opportunity to exercise his right of defense, as regards the changes made both to the charges leveled at him in the accusation and to the legal definition applied, which took place when the Guatemalan judicial authorities handed down his conviction on March 6, 1998.

Maritza Urrutia Case

388. During 2004, the Commission regularly presented comments on the compliance reports filed by the State.

Plan de Sánchez Massacre Case

389. On April 23 and 24, 2004, the Commission appeared before the Court at a public hearing that had been scheduled to address preliminary objections, the merits of the case, and reparations and costs. However, at the start of the public hearing, the Guatemalan State acknowledged its international responsibility for the human rights violations alleged in the case and withdrew all the preliminary objections it had previously lodged.

390. On April 23, 2004, the Court issued an Order noting that all the preliminary objections filed by the State had been withdrawn; accepting the State’s recognition of its international responsibility; and continuing with the public hearing that had been convened, but restricting its focus to the matter of reparations and costs. Consequently, the Commission submitted its claims and its testimonial and expert evidence as relevant to the reparations and costs only. The IACHR subsequently submitted its written final arguments applicable to this case.

391. On April 29, 2004, the Court issued a Judgment on the merits in the case at hand, in which it resolved to:

1. Reiterate its Order of April 23, 2004, in which it noted that all the preliminary objections filed by the State had been withdrawn and accepted the State’s recognition of its international responsibility.

2. Declare that the dispute regarding the incident that gave rise to the […] case has concluded.

3. Declare, pursuant to the terms of the acknowledgement of international responsibility extended by the State, that it did violate the rights protected in Articles 5.1 and 5.2 (right to humane treatment), 8.1 (right to a fair trial), 11 (right to privacy), 12.2 and 12.3 (freedom of conscience and religion), 13.2.a and 13.5 (freedom of thought and expression), 16.1 (freedom of association), 21.1 and 21.2 (right to property), 24 (equality before the law), and 25 (judicial protection) of the American Convention on Human Rights; and that it failed to abide by the obligation to respect those rights set forth in Article 1.1 thereof, pursuant to paragraphs 47 and 48 of the […] Judgment.

4. Continue hearing the […] case in the reparations and costs phase.

392. On November 19, 2004, the Court issued a Judgment on reparations in this case, in which it decided:

1. [The] Judgment represents, in and of itself, a form of reparations, pursuant to paragraph 81 thereof.

AND ORDER[ED] THAT:

unanimously,

1. The State shall conduct an effective investigation into the Plan de Sánchez Massacre in order to identify, prosecute, and punish its physical perpetrators and the masterminds behind it, pursuant to paragraphs 94 to 99 of the […] Judgment.

2. The State shall conduct a public ceremony recognizing its responsibility in the facts of [the] case and apologizing to its victims. The ceremony shall take place in the village of Plan de Sánchez, where the massacre took place, and shall be attended by ranking authorities of the State and, in particular, by the members of Plan de Sánchez community and by the other victims in the […] case, residents of the villages of Chipuerta, Joya de Ramos, Raxjut, Volcanillo, Coxojabaj, Las Tunas, Las Minas, Las Ventanas, Ixchel, Chiac, Concul, and Chichupac, and the leaders of those affected communities shall participate in the ceremony. The State shall provide the facilities necessary to ensure the presence of those individuals at the ceremony. Additionally, the State shall conduct the ceremony in both the Spanish and Achi Maya languages, and shall ensure it is covered in the media, pursuant to paragraphs 100 and 117 of the […] Judgment.

3. At that same ceremony the State shall publicly honor the memory of the people executed in the Plan de Sánchez Massacre at the hands of State agents on July 18, 1982, pursuant to paragraphs 101 and 117 of the […] Judgment.

4. The State shall translate, into the Achi Maya language, the American Convention on Human Rights, should it not have already been done, the merits judgment issued by the Court on April 29, 2004, and the instant Judgment. The State shall also provide the resources necessary to facilitate the dissemination of those documents in the Rabinal municipality and to hand over copies thereof to the victims of the […] case, pursuant to paragraphs 102 and 117 of [the] Judgment.

5. The State shall publish, within one year following notification of the […] Judgment, on at least one occasion, in the Official Journal and another national daily newspaper, in Spanish and in Achi Maya, both the section titled Established Facts of Chapter V and operative paragraphs one to four of the Judgment on the merits issued by the Court on April 29, 2004, and Chapter VII, titled Proven Facts, without the footnotes, and the first declaratory paragraph and the first through ninth operative paragraphs of [the] Judgment, pursuant to paragraphs 103 and 117.

6. The State shall pay the amount set in paragraph 104 of the […] Judgment, for the upkeep and improvement of the chapel in which the victims pay tribute to those killed in the Plan de Sánchez massacre, pursuant to paragraphs 104 and 117.

7. The State shall provide, free of charge, through its specialized health agencies, the medical attention required by the victims including, inter alia, any medicines that may be necessary. The State must also establish a specialized program for psychological and psychiatric treatment, to be made available free of charge, pursuant to paragraphs 106 to 108 and 117 of the […] Judgment.

8. The State shall provide adequate housing to those surviving victims who reside in the village of Plan de Sánchez and who have a need thereof, pursuant to paragraphs 105 and 117 of the […] Judgment.

9. The State shall also implement the following programs in the communities of Plan de Sánchez, Chipuerta, Joya de Ramos, Raxjut, Volcanillo, Coxojabaj, Las Tunas, Las Minas, Las Ventanas, Ixchel, Chiac, Concul, and Chichupac: (a) the study and dissemination of Maya Achi culture in the affected communities, through the Guatemalan Academy of Mayan Languages or some similar organization; (b) the maintenance of and improvements to the road network between those communities and the municipal seat at Rabinal; (c) a sewerage system and a drinking water supply; (d) the provision of teaching personnel trained in intercultural and bilingual teaching for primary, secondary, and diversified education in those communities, and (e) the establishment of a health center in the village of Plan de Sánchez, with adequate personnel and facilities, together with the training of the staff at the Municipal Health Center in Rabinal so they can provide medical and psychological care to those persons affected and requiring such assistance, pursuant to paragraphs 109 to 111 and 117 of the […] Judgment.

10. The State shall make the payments for material damages to each of the victims in the […] case, pursuant to paragraphs 72 to 76 and 117 of the […] Judgment.

11. The State shall make the payments for nonmaterial damages to each of the victims in the […] case, pursuant to paragraphs 80 to 89 and 117 of the […] Judgment.

12. The State shall make a payment to cover the costs and expenses of the international proceedings of the Human Rights Legal Action Center, pursuant to paragraphs 116, 117, and 119 of the […] Judgment.

13. The State shall pay the total amount of the compensation ordered for material damages, nonmaterial damages, costs and expenses set out in the […] Judgment, and none of those amounts may be subject to any taxes, liens, or duties currently extant or created in the future.

14. The State shall comply with the compensation measures and reimbursement of costs set forth in the […] Judgment, within a period of one year following notification thereof, except if other deadlines are established.

15. Should the State fail to make payment on time, it shall pay interest on the amount owed equal to the rate of past-due bank interest in Guatemala, pursuant to paragraph 123 of the […] Judgment.

16. The Court shall monitor compliance with [the]Judgment, and it shall consider the […] case closed once the State has fully implemented the measures set forth therein. Within a period of one year following notification of [the] Judgment, the State shall submit to the Court a report on the steps taken in compliance with its terms, pursuant to paragraph 124 of the […] Judgment.

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