8
a)
two criminal proceedings are under way. One is in the trial phase and
involves a number of defendants. The other is before the court of second
instance, in this case the Special Criminal Chamber of the Supreme Court.
That case is against former president Alberto Fujimori; his extradition from
Japan is also being processed as part of this case;
b)
the financial compensation owed to the beneficiaries of victims
Benedicta Yanque Churo and Tito Ricardo Ramírez Alberto has not been paid,
despite the fact that back in April 2003 the respective “decisions of intestate
succession” and the respective record of registration were filed with the
Ministry of Justice. The Ministry reported that the record of registration was
outdated because it is good for only three months. “These beneficiaries
should not be expected to have to renew that record every three months
simply because the State is negligent in complying with its duty under the
Judgment.” It also pointed out that the State had asked them whether,
“apart from the [persons] declared as the heirs in the aforementioned
decisions” of intestate succession [of the deceased] Benedicta Yanque Churo
and Tito Ricardo Ramírez Alberto, there were any other relatives; “they went
so far as to ask for the names of [the deceased’s] siblings who, under […] the
Peruvian Civil Code […] are not entitled to inherit when [the deceased] is
survived by a parent.” The State’s contention was that because the siblings
were not declared heirs, the State “cannot comply with the [respective]
payment for fear of someone filing suit thereafter.” The CNDDHH pointed out
that “the Ministry of Justice and its staff –who are attorneys- know the
provisions of the Civil Code and know that no judge in the country would
declare the siblings to be heirs”;
c)
concerning the establishment of the trust funds for the beneficiaries
who are minors, the CNDDHH agreed with the FEDEPAZ’ contention (supra
Having Seen 5.b). It also learned that “a Supreme Decree still needs to be
issued wherein the Special Fund to Administer Monies Obtained from
Corruption (FEDADOI) gives its authorization for the trust fund to be set up
with the Banco de la Nación”;
d)
as for the educational benefits and the symbolic reparation, the
CNDDHH agrees with the comments made by FEDEPAZ (supra Having Seen
5(c) and (d); and
e)
the State “supplied no information at all” on progress made toward the
inclusion of “the most suitable legal classification” to define the crime of
extra-judicial executions,” or on the signing and ratification of the
International Convention on the Non-applicability of Statutory Limitations to
War Crimes and Crimes against Humanity, and the development of criminal
proceedings, points on which it concurred with FEDEPAZ (supra Having Seen
5(a), (e) and (f).
7.
The June 14, 2004 brief wherein the Commission presented its comments on
the State’s report (supra Having Seen 4) and pointed out that:
a)
the State did not report on the progress made in the investigation into
the facts to determine the persons responsible for the violations, nor did it
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