16.
The Court takes note of that which was noted by the representatives regarding
Mr. Garcia Asto’s graduate studies, nevertheless this matter was resolved by the Court
in the Order of July 1, 2011, stating that “the Court concludes that the State has
complied partially with the terms of the judgment by awarding a study grant that
allowed Mr. García Asto to complete his studies; however, monitoring will continue in
relation to the award of a grant that allows him to obtain further training. In this
regard, the Court awaits further information on the response to the last request
presented by Mr. García Asto concerning the exoneration of the costs of the Premasters course in order to obtain the title of Systems Engineer, and other measures
related to this reparation.” 7 Notwithstanding the foregoing, the Court notes that Mr.
García Asto has not received his degree due to an additional requirement that is not
related to the grant for his undergraduate studies, that is, passing a foreign language
course. In this regard, the Court considers that the State must take the necessary
steps so that Mr. García Asto is admitted to a general studies foreign language, so that
he can then receive his degree.
17.
Moreover, a grant is still pending for Mr. García Asto and Mr. Ramírez Rojas that
would allow them to continue their professional training for two years after they
complete their university studies. 8 The State has not provided information in this
regard, and thus the Court will continue to monitor compliance with this operative
paragraph. In light of the foregoing, the Court requested the State to submit updated,
organized, and complete information on the steps taken to enforce compliance with
this measure both in relation to Mr. Garcia Asto’s foreign language requirement as well
as the grants to Mr. García Asto and Mr. Ramírez Rojas in order for them to continue
their professional training.
c.
Payment of the compensation for non-pecuniary damage
(fourteenth operative paragraph of the judgment)
Arguments of the parties and the Commission
18.
The State indicated that it had approved the transfer of funds to Mr. Marco
Ramirez Alvarez. Subsequently, the State informed and provided proof of payment on
June 17, 2009, issued by the General Administration Office of the Ministry of Justice in
favor of Mr. Ramirez Alvarez, son of Mr. Urcesino Ramírez Rojas, for the total amount
of S/. 77,000 (seventy-seven thousand nuevos soles), equivalent to U.S. $25,000
(twenty-five thousand dollars of the United States of America) pursuant to the
exchange rate at the time.
19.
The representatives stated that the State has complied in full with payment
both to Mr. Ramírez Rojas and his son Marco Ramirez Alvarez. However, in their recent
observations regarding the state of compliance with the Judgment, they argued that
“even though the payment was made on June 17, 2009, that is, after the period
established by the Court had lapsed, [...] the State did not comply with the payment of
corresponding interests” with regard to Marco Ramirez Alvarez.
7
Cf. Case of García Asto and Ramírez Rojas V. Peru. Monitoring of Compliance with the Judgment.
Order of the Inter-American Court of Human Rights of July 1, 2011, Considering clause 14.
8
Cf. Case of García Asto and Ramírez Rojas V. Peru. Monitoring of Compliance with the Judgment,
supra, Considering clauses 14 and 15.
6