12
d)
effective deposit of the full amount of compensation owed to the
beneficiaries of the reparations who are minors: Luis Alvaro León Flores, son
of victim Luis Antonio León Borja; Cristina and Ingrid Elizabeth, both Ríos
Rojas, daughters of victim Manuel Isaías Ríos Pérez; and Rocío Rosales
Capillo, daughter of victim Alejandro Rosales Alejandro, “in a “trust fund
under the most favorable conditions according to Peruvian banking practices”
(operative paragraph two in fine of the November 30, 2001 Judgment on
reparations). Concerning compliance with this point, the State has reported
that a recommendation has been made that the amount corresponding to the
compensation for minors be deposited in the Banco de la Nación, but that
“the decision needed for compliance with this point was still pending.” The
Court must underscore the fact that the State was to have deposited the
amounts for those compensations in the first quarter of fiscal year 2002; in
other words, more than two years ago. The Court must remind the State that
it will have to pay the expenses of such a trust fund and pay the interest
earned on the compensation and the interest due as a result of its
delinquency in depositing the sums ordered4;
e)
regarding the health benefits provided (operative paragraph three of
the November 30, 2001 Judgment on reparations) the State indicated that it
would pay the costs associated with the health and medical care (out-patient
consultation, diagnostic support procedures, medicine, specialized care,
diagnostic procedures, hospitalization, surgery, childbirth, traumatological
rehabilitation, and mental health) of the victims and their beneficiaries,
through the “health care facilities in the Peruvian State Health Care System.”
The representatives made no reference to compliance with this measure and
the Commission acknowledged the State’s effort but did not indicate whether
it believed Peru had complied with this measure;
f)
the educational benefits provided (operative paragraph four of the
November 30, 2001 Judgment on reparations). The State reported on the
measures taken toward compliance with this point. The representatives
pointed out that despite the efforts of the State, the information it provides
does not mention, by name, the specific persons who have benefited by the
measures taken; also, the State provides no information on any measures
carried out in 2003 and 2004.
The Commission echoed what the
representatives had said and noted that it acknowledged the efforts the State
had made to grant full or partial fellowships to the beneficiaries of the
educational benefits;
g)
progress made toward the inclusion of “the most suitable legal
classification” to define the crime of extra-judicial executions,” (operative
paragraph 5.b) of the November 30, 2001 Judgment on reparations).
Although the State omitted any reference to this point, the representatives
reported that “Congress does have a functioning ‘Commission to Review the
Penal Code’, created by Law No. 27837,” which is reportedly charged with
“reviewing the text of the Penal Code [and] adapting it to the crimes in the
Rome Statute of the International Criminal Court […] with a view to preparing
4
Cf. Case of Barrios Altos. Reparations (Art. 63(1) American Convention on Human Rights).
Judgment of November 30, 2001. Series C No. 87, paragraphs 35, 36 and operative paragraph two in
fine; and Case of Barrios Altos. Compliance with Judgment, supra note 2, Considinger paragraphs nine,
ten, elevent, twelve, thirteen and fourteen.
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