Order of the
Inter-American Court of Human Rights*
of August 5, 2008
Case of Durand and Ugarte v. Peru
(Monitoring Compliance with Judgment)

HAVING SEEN:
1.
The judgment on reparations and costs (hereinafter “the judgment”) delivered
by the Inter-American Court of Human Rights (hereinafter “the Court” or “the InterAmerican Court”) on December 3, 2001, in which it:
Decide[d]
Unanimously:
1.
That it endorses, in the terms of th[e] judgment, the agreement on reparations
that the State and the victims’ next of kin and their legal representatives concluded on
November 26, 2001.
2.
That the State shall pay the sum of US$125,000.00 (one hundred and twenty-five
thousand United States dollars) to Virginia Bonifacia Ugarte Rivera de Durand and Nolberto
Durand Vargas, parents of Nolberto Durand Ugarte and sister and brother-in-law of Gabriel
Pablo Ugarte Rivera. To that end, it shall adopt the measures necessary to pay a portion of
the compensation during the course of this fiscal year or, failing that, make full payment of
the pecuniary damages during the second quarter of the 2002 fiscal year, pursuant to
paragraphs 32, 33 and 34 of the […] judgment. The sum will be divided between the
beneficiaries and disbursed in equal shares.
3.
That the State shall provide health care services, psychological support,
interpersonal development services and assistance with the construction of a residence to
the beneficiaries of the reparations, as detailed in paragraphs 36, 37, 38 and 40 of th[e]
judgment.
4.
That, pursuant to paragraphs 39 and 40 of the […] judgment, the State shall
make the following non-pecuniary reparations:
(a) Publish the judgment of the Court of August 16, 2000, in the Official Gazette
El Peruano and circulate its contents via such other media as deemed appropriate
for that purpose, within the 30 days following the signing of the agreement;
(b) Include in the Executive Decree ordering publication of the agreement “a
public apology to the victims for the grievous damage caused” and confirmation of
the State’s resolve that events of this nature shall never recur;
(c) Investigate and punish those responsible for the facts, pursuant to the
seventh operative paragraph of the Court’s judgment on merits of August 16,
2000, and advance the investigation instituted through the 41st Criminal
Prosecutor’s Office of Lima for the murder of 30 persons, including Nolberto
Durand Ugarte and Gabriel Pablo Ugarte Rivera; and

*

Judge Diego García-Sayán, as a national of Peru, considered it necessary to disqualify himself;
consequently he did not take part in the deliberation and signature of this Order.

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