9
provisions of operative paragraphs two, three and four of the May 31, 2001
Judgment (supra Having Seen 2). The Court also noted that the interest owed for
arrearages in payment of the reparations is yet to be paid.
11.
Based on the information forwarded to the Court by the State (supra Having
Seen 19) and the representatives (supra Having Seen 20 and 22), an arbitral award
was issued on September 14, 2004, which established that the State must pay Mr.
Cesti Hurtado US$ 3,065,085 (three million sixty-five thousand eighty-five United
States dollars), composed of the following items: US$ 3,000,000 (three million
United States dollars) for “loss of value of the business,” and US$ 65,085 (sixty-five
thousand eighty-five United States dollars) for lost earnings of Mr. Cesti Hurtado
from July 1997 to December 1999 (supra Having Seen 22), with respect to the
provisions of operative paragraph one of the May 31, 2001 Judgment (supra Having
Seen 3).
12.
After analyzing the documents supplied by the State, by the representatives
of the victim and by the Commission, the Court notes that it does not have sufficient
information on the following points pending as regards compliance:
a)
b)
c)
d)
payment of the interest owed in connection with compensation for
moral damages (Operative Paragraphs two, three, four and six of the
May 31, 2001 Judgment;
investigation of the facts of the instant case and punishment of those
responsible (Operative Paragraph five of the May 31, 2001 Judgment);
payment of material damages (Operative Paragraph one of the May
31, 2001 Judgment); and
annulment of the military proceedings and all their effects (Operative
Paragraph eight of the September 29, 1999 Judgment).
13.
The Court will consider the general status of compliance with its Judgments
on the merits and reparations once it receives said report by the State and the
respective comments by the representatives of the victims and of the Commission.
*
*
*
NOW THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
exercising its authority to oversee compliance with its decisions, pursuant to 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,
FINDS:
1.
That it will continue to oversee compliance with the points currently pending
compliance, namely:
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