3
wish.” The State also advised that the seventh operative paragraph of the judgment
“had been complied with fully” because the operative paragraphs of the judgment of
the Inter-American Court of August 18, 2000, had been published, as ordered, in the
official gazette “El Peruano” on February 3, 2002, and a resolution had been issued
that ordered inserting those operative paragraphs in another newspaper with
national circulation. The State reiterated that on January 31, 2002, a public act of
redress had been carried out during which the State “acknowledged [its]
responsibility [...] in this case and apologized to the victim and his next of kin for
affecting their fundamental rights.” Peru also referred to the measures it had taken
to begin complying with its obligation to provide medical care to Gladys Benavides
López, the victim’s mother, and to begin investigating the facts and identifying those
responsible. Lastly, it advised that it had taken different steps to comply with its
obligation to annul the verdict of the Supreme Court of Justice of Peru convicting
Luis Alberto Cantoral Benavides, and to initiate an exhaustive investigation, and to
prosecute and punish those responsible for the arbitrary detention and torture to
which the victim was subjected.
6.
The note of the victim’s representatives of April 18, 2002, in which they
indicated that “in the eighth point of the communication of the State of Peru,
concerning the publication of the operative paragraphs of the judgment of the Court
[…] of August 18, 2000, the Government’s deputy agent informed the Court,
inexactly, that this point had been ‘complied with fully,’ […] however, the State of
Peru […] ha[d] only complied with the publication of the operative paragraphs in the
official gazette [“El Peruano”,] but not with their publication in another newspaper
with national circulation.”
7.
The brief of Luis Alberto Cantoral Benavides, the victim in the instant case, of
May 15, 2002, in which he stated, concerning the status of compliance with the
judgment on reparations that, although a public act of redress in his favor had been
carried out, this had not had the desired repercussions; that the State had not
published the operative paragraphs of the judgment in a national newspaper; that,
as discussed with the Government, his mother will received medical care, but the
costs of only some of her medicines will be covered; that the State has prevented his
siblings, who have sought refuge in Bolivia, from receiving the amount of the
compensation corresponding to them; and that the Peruvian State has not granted
him the agreed grant for his studies.
8.
The brief of the State of June 26, 2002, advising that on April 25, 2002, “at
the seat of the Ministry of Justice, a “Commitment” had been signed by the
Executive Secretariat of the National Human Rights Council of the Ministry of Justice,
the representatives of the Ministry of Foreign Affairs, the Ministry of Health, the
Judiciary, and the Office of the Attorney General (Ministerio Público) [and the
representatives of the victim]” in which the State assumed several commitments
related to compliance with the judgment. Peru requested the Court to “consider
granting the Peruvian State more time in which to comply with all aspects of the
judgment.”
9.
The brief of the victim’s representatives of July 22, 2002, in which they
indicated that “the time limit established by the Court [...], for the State to comply
with the measures of reparations ordered [...] had expired, and the Peruvian State
had not complied fully with them.” In this respect, the representatives advised that
the State “has not complied with any payment”; that “it had not complied with
annulling the verdict of the Supreme Court of Justice convicting the victim, or
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents