ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS*
OF JULY 4, 2006
THE “FIVE PENSIONERS” V. PERU
MONITORING COMPLIANCE WITH JUDGMENT
HAVING SEEN:
1.
The judgment on merits, reparations and costs delivered by the InterAmerican Court of Human Rights (hereinafter “the Court” or “the Inter-American
Court”) on February 28, 2003, in which the Court decided, inter alia,
[…]
5.
[…] that the possible patrimonial consequences of the violation of the right to
property should be established under domestic legislation, by the competent national
organs.
6.
[…] that the State must 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.
7.
[…] that, as indicated in paragraph 180 of [the] judgment, in fairness, the State
must 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. The
State must comply with the provisions of this operative paragraph within one year at the
latest of notification of [the] judgment.
8.
[…] that the State must 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 this judgment.
9.
[…] that the payments of compensation for non-pecuniary damage and for
costs and expenses established in [the] judgment may not be subject to any current or
future tax or charge.
10.
[…] that the State must comply with [the] judgment within one year of
receiving notification thereof.
11.
[…] that, should the State fall in arrears with the payments, it must pay interest
on the amount owed corresponding to bank interest on payments in arrear in Peru.
12.
*
[…] that it will monitor compliance with [the] judgment and will consider the
Judge Oliver Jackman did not take part in the deliberation and signature of this Order, because
he informed the Court that, for reasons beyond his control, he would be unable to attend the seventy-first
regular session of the Court.
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