7
25.
Neither the Inter-American Commission nor the State submitted any evidence
with their briefs on reparations.
26.
On November 6, 2000, the State submitted a copy of the decision of the
Plenary of the Supreme Council of Military Justice of September 14, 2000 (supra 15).
27.
On April 26, 2001, the victim submitted comments on reparations and
attached six annexes5 (supra 17).
28.
In the instant case, the Court admits the value as evidence of those
documents that were submitted by the parties at the appropriate time, that were not
contested or opposed, and the authenticity of which was not questioned6.
29.
With regard to the decision of the Plenary of the Supreme Council of Military
Justice of September 14, 2000, although this was not submitted at the appropriate
procedural moment (supra 15 and 26), the Court observes that this evidence refers
to a supervening event and this reason justifies its tardy presentation, so that it is in
order to admit it to the body of evidence. The same may be said of the evidence
submitted by the victim on April 26, 2001 (supra 17 and 27).
V
OBLIGATION TO MAKE REPARATION
30.
In the tenth operative paragraph of the judgment on merits of September 29,
1999, the Court decided to open the reparations stage and authorized the President
to adopt the corresponding procedural measures.
31.
With regard to reparations, Article 63(1) of the American Convention is
applicable and it establishes:
If the Court finds that there has been a violation of a right or freedom protected by this
Convention, the Court shall rule that the injured party be ensured the enjoyment of his
right or freedom that was violated.
It shall also rule, if appropriate, that the
Company, of September 17, 1997; Annex 15. Transport and per diem expenses. File 1: A) Payment of
hotel and per diem allowances during 1997, 1998, 1999 and 2000; B) 14 receipts issued by Alberto Borea
Odría for hotel and per diem allowances from January 1997 to January 2000; C) 9 receipts issued by
Carmen Cardó de Cesti for hotel and per diem allowances from April 1997 to January 2000; E) 8 receipts
issued by Heriberto Benitez Rivas for hotel and per diem allowances from April 1997 to September 1999;
File 2: A) Summary of transport expenses for 2000 and 2 invoices issued by Acuario Turismo, s.r.l., dated
January 21, 2000; B) Summary of transport expenses paid to various companies during 1997, 1998 and
1999; b1) 6 invoices issued by Acuario Turismo, s.r.l. for travel tickets from January to November 1999;
b2) 2 invoices issued by Nova Tours, s.a. for travel tickets, dated December 4, 1998, and June 26, 1998;
b3) 1 invoice issued by Perú Visión for travel tickets, dated January 15, 1998; b4) 7 invoices issued by
Acuario Turismo, s.r.l. for travel tickets, from April to December 1998; b5) 3 invoices issued by Perú
Visión for travel tickets from August to December 1997; and, b6) 7 invoices issued by Acuario Turismo,
s.r.l. for travel tickets from April to October 1997.
5
Annex 1.- Congress of the Republic Peru transcript of videos Nos. 910 and 911 of June 15, 1998;
Annex 2.- Congress of the Republic Peru transcript of video No. 907 of June 13, 1998; Annex 3.Newspaper cuttings corresponding to March and April 2001; Annex 4.- Letter of March 1, 2001, from Top
Security to Compañía de Seguros Popular y Porvenir; Annex 5.- Letter No. 019-2001/10000 of March 7,
2001, from Compañía de Seguros Popular y Porvenir to Top Security; Annex 6.- Letter of April 10, 2001
from Top Security to Compañía de Seguros Popular y Porvenir.
6
Cf. Ivcher Bronstein case, supra note 1, para. 73; The Last Temptation of Christ” case (Olmedo
Bustos et al.), supra note 1, para. 55; and Baena Ricardo et al. case, supra note 3, para. 74.