5
b)
regarding the obligation to organize a public act acknowledging the
State’s responsibility, the victim’s next of kin were looking forward to the
presence of the “highest authorities of the State” at the act of October 10,
2005. Such act was attended by the Deputy Minister of Justice and one
representative of the Ministry of Labor. President Alejandro Toledo was not
present. In spite of the fact that this act was organized after the three-month
period prescribed in the Judgment had expired and it was not attended by the
top State authorities, the next of kin considered that this measure of
reparation had been complied with;
c)
regarding the obligation to publish the relevant sections of the
Judgment of the Court, they expressed their “satisfaction over the publication
ordered and carried out by the State of Peru.” Even though such publication
took place in both cases once the three-month period prescribed in the
Judgment had already expired, they considered that this measure of
reparation had been complied with;
d)
regarding the obligation to establish a course or subject on human
rights and labor law, it is necessary for the State to “provide information on
the administrative measures taken by Universidad Nacional Mayor de San
Marcos to appoint a professor in charge of the course and to approve such
course’s syllabus;”
e)
regarding the obligation to recall and praise the work of Pedro HuilcaTecse in favor of the trade union movement in Peru during the official
celebrations of May 1 (Labor Day), the State has not provided evidence
showing that either Pedro Huilca-Tecse or his work in favor of the trade union
movement in Peru were mentioned during the 2005 Order of Labor Decoration
ceremony. The victim’s next of kin were not invited to the May 1, 2006
ceremony. Even though the issue of the Ministry Resolution intended to have
this measure of reparation complied with did entail a significant step forward,
it is not by itself enough to assess whether the obligation has been complied
with and how it will be complied with in the future. Consequently, the State
has partially complied with this measure;
f)
regarding the obligation to erect a bust in the memory of Pedro HuilcaTecse, the exact location of the trade union leader’s bust still remained to be
decided upon. Following an agreement between the victim’s next of kin and
the Metropolitan Municipality of Lima for the bust to be erected at the “La
Exposición” Park, said Municipality proposed a change of location to the “Las
Maravillas” Park, which change was not accepted by the victim’s next of kin.
The representatives, as well as the Workers’ Federation, sent several letters
to the mayor of Lima and the State’s agent appointed to this case, among
others, expressing “the next of kin’s disagreement on the installation of the
bust at said park, which is an unsafe location where it [could] be destroyed or
vandalized, and because such place was not a proper location for hosting
public tributes to Pedro Huilca-Tecse.” Furthermore, the victim’s next of kin
rejected the proposals for the installation of the bust at several different
locations offered by the municipal authorities of the districts of Breña, San
Juan de Miraflores and Villa El Salvador, on the grounds that such locations
were not suitable for the intended purpose. Lastly, the victim’s next of kin
proposed that the Municipality of Lima’s original proposal to install the bust at
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