6
19.
The brief of the State of May 30, 2003, in which it indicated that it had made
the payment corresponding to compensation for pecuniary and non-pecuniary
damage ordered by the Court, but that it had not yet made the payment for
expenses and costs, because it did not have the documentation accrediting the
representatives of the victim as such. The State also indicated that it had taken
various measures in order to be able to award or obtain a grant for the victim to
study in Brazil, but this had not been possible; therefore, the State was taking the
pertinent steps to enable the victim to study law at the Universidad Nacional Mayor
de San Marcos in Lima, as he had proposed. The State also affirmed that Gladys
Benavides, the victim’s mother, was receiving free medical and psychiatric
treatment, as the Court had ordered; that the Ministry of Justice had requested the
President of the Supreme Court of Justice (in official letter No. 283-2003-JUS-DM) to
take all pertinent measures to annul the verdict of the Supreme Court of Justice of
Peru convicting Luis Alberto Cantoral Benavides, and that it had taken a series of
measures in order to identify those responsible for the violations of the victim’s
human rights.
20.
The brief of the Inter-American Commission of August 4, 2003, in which it
submitted its comments on compliance with the judgment on reparations in the
instant case and stated that “from the information provided [by the State], it can be
inferred that payment of the compensation was made [nine] months after the time
limit indicated in the judgment, and that it was not made with the respective
adjustments for the delay incurred by the State.” With regard to the fourth
operative paragraph of the judgment concerning the obligation to annul the verdict
of the Supreme Court of Justice of Peru convicting Luis Alberto Cantoral Benavides,
the Commission indicated that the State had not officially informed the Court about
compliance and, regarding the fifth operative paragraph, concerning the obligation to
annul any judicial or administrative, criminal or police records against Luis Alberto
Cantoral Benavides, the Commission considered that, if the victim’s representatives
were satisfied that this had been carried out, it should be considered complied with.
It also indicated that, to date, the State had not awarded the grant that would allow
the victim to carry out university studies. As for the eighth operative paragraph
regarding the State’s obligation to provide medical and psychological treatment to
Gladys Benavides in relation to the health problems resulting from the facts of the
case, the Commission stated that, from the information submitted by the State and
the victim’s representatives it could not be inferred “whether the medicines that are
not provided, because they are not in stock in the health centers where Mrs.
Benavides receives care, form part of the treatment needed to rehabilitate her from
the health problems caused by the facts of the case and diagnosed by the doctor.”
Lastly, the Commission indicated that it had no information “about any significant
progress in the identification of those who were probably responsible and the
possible initiation of the subsequent procedural stage in recent months.”
21.
The brief of the victim’s representatives of August 5, 2003, in which they
stated that “[t]he Peruvian State ha[d] paid the amounts indicated in the judgment
of the Court for reparations in favor of Luis Alberto Cantoral Benavides and the other
beneficiaries [and] ha[d] paid the amount indicated for expenses and costs in favor
of the victim’s representatives[,] however, since it had not done so within the
stipulated time limit [...], the State should pay interest on the amount owed,
corresponding to the bank interest rate on payments in arrears in force in Peru at
the time the payment was made.” They advised that “according to the provisions of
Legislative Decree No. 926, published on February 20, 2003, [...] the Peruvian State,
through the Judiciary’s National Corporative Chamber for terrorism cases has been
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