5
the State “had not complied by awarding the grant for university studies with the
conditions laid down by Luis Alberto Cantoral Benavides [...,] and had not suggested
any alternative for the joint selection of an academic center where he could carry out
his higher education in Peru”; and that Gladys Benavides López was receiving partial
healthcare. The representatives requested the Court to convene a “public hearing on
monitoring the judgment on reparations,” as a useful mechanism to make progress
in complying with the Court’s decisions.
14.
The brief of the Inter-American Commission on Human Rights (hereinafter
“the Commission” or “the Inter-American Commission”) of November 8, 2002, in
which it presented information on the status of compliance with the judgment on
reparations of December 3, 2001. In this brief, the Commission indicated that the
State had not complied with the payment of the pecuniary compensation or with the
annulment of the verdict of the Supreme Court of Justice convicting Luis Alberto
Cantoral; that it had not awarded the grant for the victim’s university studies; that
the State had been complying with the medical and psychological treatment of
Gladys Benavides and that it acknowledged as a positive factor that the State had
made a public act of redress and published the judgment on merits in the official
gazette, but it had not published the operative paragraphs of the judgment in a
national newspaper. Lastly, it indicated that the State had not complied fully and
within the stipulated time limit with the measures ordered. It therefore requested
the Court to order compliance with the obligations imposed as soon as possible,
pursuant to Article 68 of the Convention.
15.
The brief of the State of November 29, 2002, submitting general information
on the status of compliance with the Court’s judgments against Peru. With regard to
the judgment on reparations of December 3, 2001, in the instant case, the State
advised that by Supreme Resolution No. 021-2002-JUS, the operative paragraphs of
the Court’s judgment in the case were published in the official gazette “El Peruano”
of February 3, 2002. It indicated that the payments of compensation ordered by the
Court were pending, and also the grant for university studies to be awarded to Luis
Alberto Cantoral Benavides. It advised that the Office of the Attorney General had
initiated the pertinent measures to investigate, prosecute and punish those
responsible for the violations of the victim’s human rights. Lastly, it indicated that
the Ministry of Health had granted a credential to Gladys Benavides de Cantoral
enabling her to receive care in Peruvian health centers and the medicines that were
in stock in those centers.
16.
The note of the Secretariat of December 13, 2002, on the instructions of the
whole Court, requesting the State to submit a detailed report on the status of
compliance in this case and granting it until June 16, 2003, to do so.
17.
The note of the victim of March 3, 2003, advising that the State had not
complied with the decisions in the judgment on reparations delivered by the Court in
this case and requesting that the Court intervene before the pertinent Peruvian
authorities.
18.
The note of the State of April 14, 2003, advising that on March 25, 2003, it
had made the payment of US$176,000.00 (one hundred and seventy-six thousand
United States dollars) corresponding to the amount of the compensation ordered in
this case.
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