20.
The Commission interpreted, that in light of the information provided by the
parties, “this aspect of the Judgment must be considered fulfilled.”
Considerations of the Court
21.
In this regard, the Court considers that, according to information provided by
the State and the representatives, it has complied with the outstanding payment
pending compliance to Mr. Ramirez Alvarez on June 17, 2009.
22.
Notwithstanding the foregoing, the Court notes that the obligation to provide
compensation for non-pecuniary damage to the son of Mr. Urcesino Ramírez Rojas,
Marcos Ramirez Alvarez, was made after the period established in the Court’s
Judgment, which was one year after notification thereof. 9 With regard to the
abovementioned, the Court has stated that “upon issuing the Judgment the Court
assumes that the State will, in good faith, carry out the processes and make the
necessary efforts to comply with it within the mentioned terms. Consequently, with
regard to the payments ordered, if the State does not comply with that stated within
the mentioned term, it incurs in default and shall pay the corresponding interests on
delayed payments.” 10 Consequently and in accordance with the provisions of the
Judgment, the State must pay interests on the amount that is owed according to bank
interest on arrears in Peru. 11
23.
Thus, only in relation to the arguments made by the representatives regarding
payment to Mr. Ramirez Alvarez, the Court considers that the State must pay interest
on arrears at the bank rate in Peru and for the period of time between December 15
2006- date the period that was established in the Judgment lapsed-, and the date the
State actually made the payment to Mr. Ramirez Alvarez, that is, June 17, 2009.
D. Obligation to publish the Judgment (sixth operative paragraph of the
Judgment)
Arguments of the parties and of the Commission
24.
The State indicated that “to date, it has been collecting estimates from different
national daily newspapers [and] once the domestic selection processes are made,
subject to domestic and institutional regulations after publication they will inform the
Court.”
25.
The representatives regretted that the State is still in violation regarding this
part of the Judgment given the meaning it has for both Mr. Wilson García Asto and Mr.
Urcesino Ramírez Rojas. They also indicated that “the obligations provided by the
Court [...] are not based on procedures or behaviors, but rather on results.”
9
Cf. Case of García Asto and Ramírez Rojas V. Peru. Preliminary Objection, Merits, Reparations and
Costs. Judgment of November 25, 2005. Series C No. 137, para. 288.
10
Cf. Case of the Pueblo Bello Massacre V. Colombia, Monitoring of Compliance with the Judgment.
Order of the Inter-American Court of Human Rights, July 9, 2009, para.65; and Case of Zambrano Vélez et
al. V. Ecuador, Monitoring of Compliance with the Judgment. Order of the Inter-American Court of Human
Rights, September 21, 2009, para.69.
11
Cf. Case of García Asto and Ramírez Rojas V. Peru. Preliminary Objection, Merits, Reparations and
Costs. Judgment of November 25, 2005. Series C No. 137, para. 295.
7