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i.
the pecuniary and non-pecuniary compensations the State
deems applicable are those established by laws passed in order to
settle this kind of situations, especially Law No. 27803, as regulated by
Supreme Decree No. 014-2002-TR;
ii.
the conveyance of the lands located at La Molina “has originated
acts of corruption defying description by union leaders and legal
counselors. To insist upon such a grant would only imply to extend the
possibilities of undue enrichment and corruption of persons who are
not invested as legitimate leaders of the SITRAMUN;”
iii.
as regards the request for public acknowledgment of State
responsibility and for apologies, Peru “has acknowledged its
responsibility and acted accordingly by passing Laws No. 27452, No.
27586 and No. 27803. Likewise, it reaffirms its acceptance of the
conclusions and recommendations of the impartial commissions in all
those cases where the latter have determined the existence of unfair
dismissals;”
iv.
regarding the request that an investigation be conducted, “[th]e
unbiased and effective investigation of the criminal actions committed
under the leadership of the SIN during last decade is being conducted
by Peruvian courts. Such investigations have incriminated, not the
failure to comply with such judgments, but rather the way such
judgments have been perpetrated, for which reason their authors
―including some of the persons listed as alleged victims in the instant
case― have criminal suits pending against them before anti-corruption
courts;” and
v.
with respect to the claim that the domestic law on judgment
enforcement must be amended, “domestic law has been amended in
order to face the extremely serious cases of corruption discovered. The
number of suits pending before the four (4) anti-corruption courts and
the Superior Chamber that it has been necessary to create, the
number of persons prosecuted ―including some of those who are
alleged victims in the instant case, and the number of them that are
under police custody or under domiciliary detention are sufficient
evidence of the aforementioned;” and
e)
as regards costs and expenses, the State indicated that it has been
forced to appear before the Court to defend the legal order and show that, in
the “great majority” of the cases, the claims filed are invalid and groundless.
“Therefore, it deems that it must be released from paying expenses and
costs, as its reasons to intervene in the suit not only are sustainable, but
justified to the fullest extent.”
Considerations of the Court
294. As stated in the preceding chapters, the Court has decided that the State is
responsible for the violation of Articles 25(1) y 25(2)(c) of the Convention, as related
to Article 1(1) thereof, in the terms of paragraph 277. In its precedents, this Court
has determined that it is a principle of international law that any breach of an
international obligation which has caused damage entails the obligation to repair it
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