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317. Likewise, this Court orders that, within six months, the State must establish a
specific mechanism to give support to the victims in processing the matters referred
to in this Judgment and provide them with proficient legal counseling. All of the
foregoing must be made available at no cost whatsoever.
F)
METHOD OF COMPLIANCE
318. The State must comply by guaranteeing the injured parties, within one year,
the enjoyment of their rights, through the actual enforcement of the orders of
amparo the partial or total non-compliance with which has been declared by this
Court (supra para. 299), taking into account that domestic courts seized with the
enforce the judgments must make certain determinations (supra paras. 259, 265
and 270). In the case of the enforcement of the orders directing reinstatement of the
workers to their jobs or to similar positions the State must, within one year,
reinstate the living victims to said positions; should this not be possible, it must
provide employment alternatives where the conditions, salaries and remunerations
that they had at the time they were dismissed are respected (supra para. 299). In
the event that reinstatement of the workers to their jobs or to similar positions would
not be possible, the State must proceed, within one year, to pay them compensation
for termination of employment without just cause. (supra para. 300).
319. The State must pay the victims or their beneficiaries the compensations for
loss of wages and the corresponding retirement pensions and ensure that the
workers who have not been reinstated have access to the social security system,
within fifteen months, as from the date notice of this Judgment be served, as
provided in paragraphs 304, 305, 306 and 307 herein.
320. The State must pay the beneficiaries of the deceased victims the
corresponding death pension, within fifteen months, as from the date notice of this
Judgment is served, as provided in paragraphs 305 and 307 herein.
321. The State must pay the victims or their successors the compensation for non
pecuniary damage, within fifteen months, as from the date notice of this Judgment
be served, as provided in paragraphs 312 herein.
322. The State must reimburse costs and expenses within one year, as from the
date notice of this Judgment be served, , as provided in paragraph 316 herein. The
State must, within six months as from the date notice of this Judgment be served,
publish the pertinent parts of the Judgment,, as provided in paragraph 313 herein.
323. The State must discharge its pecuniary obligations by tendering United State
Dollars or an equivalent amount in Peruvian currency, at the New York, USA
exchange rate between both currencies on the day prior to the day payment is
made.
324. Reimbursement of costs and expenses will be made to the Centro de Asesoría
Laboral del Perú (CEDAL) (Labor Counseling Center of Peru) and to the seven groups
of victims´ representatives listed in the application filed with the Court, as provided
in paragraph 316 herein.
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