-7THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its decisions and in accordance
with Articles 33, 62(1), 62(3), 65, 67 and 68(1) of the American Convention on
Human Rights, 25(1) and 30 of its Statute, and 29(2) of its Rules of Procedure,
DECLARES:
That, in accordance with the thirteenth considering paragraph of this Order, since the
State has not reported on the status of compliance with the judgment of February
28, 2003, the Court does not have the information required to assess whether any of
the reparations have been fulfilled; consequently the Court will continue to monitor
compliance with the decisions pending fulfillment in this case. These are:
a) “[To] conduct the corresponding investigations and apply the pertinent
punishments to those responsible for failing to abide by the judicial decisions
delivered by the Peruvian courts during the applications for protective
measures filed by the victims” (sixth operative paragraph of the judgment of
February 28, 2003);
b) “[A]s indicated in paragraph 180 of [the] judgment, [...to] pay the four
victims and Maximiliano Gamarra Ferreyra’s widow the amount of
US$3,000.00 (three thousand United States dollars) for non-pecuniary
damage” (seventh operative paragraph of the judgment of February 28,
2003);
c) “[To] pay the amount of US$13,000.00 (thirteen thousand United States
dollars) for expenses and a total of US$3,500.00 (three thousand five
hundred United States dollars) for costs, as stated in paragraph 182 of [the]
judgment” (eighth operative paragraph of the judgment of February 28,
2003); and
d) “[T]he possible patrimonial consequences of the violation of the right to
property should be established under domestic legislation, by the competent
national organs” (fifth operative paragraph of the judgment of February 28,
2003).
AND DECIDES:
1.
To require the State to adopt the necessary measures to comply promptly
and effectively with the decisions of the Court in the judgment on merits reparations
and costs of February 28, 2003, that are pending fulfillment, pursuant to the
provisions of Article 68(1) of the American Convention on Human Rights.
2.
To request the State to submit to the Inter-American Court of Human Rights,
by September 1, 2006, at the latest, a report indicating all the measures adopted to
comply with the reparations ordered by the Court that are pending fulfillment,
pursuant to the twelfth to fifteenth considering paragraphs of this Order.
3.
To request the representatives of the victims and their next of kin and the
Inter-American Commission on Human Rights to submit their observations on the
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