7
decision of Peru’s National Chamber on Terrorism not to nullify Mr.
Cantoral’s conviction.
Peru has thus failed to comply with the
obligation to render that judgment null and void;
e)
as for the grant to pursue higher studies or a university education, Mr.
Cantoral was interested in coming to some agreement with the State
on this point, but no such agreement materialized. Mr. Cantoral
therefore returned to Brazil, where he is studying law.
The
Commission agrees with the beneficiary that he must be reimbursed
the expenses he has incurred in studying in Brazil. The Commission
hopes that the steps taken on March 25, 2004 to begin coordination
with the Ministry of Education will develop quickly and in good faith,
and
f)
Concerning the investigation, prosecution and punishment of the
responsible parties, the decision issued by the Peruvian Public Ministry
to definitively close the case was done by alleging the laws in force. In
this regard, the Commission asked the Court to remind the State of
the Court’s case law to the effect that a State cannot allege provisions
of its domestic law to avoid compliance with its international
obligations.
Consequently, the Commission insisted that the
investigations must be carried out speedily and with objectivity and
impartiality so that those responsible for the facts of this case do not
go unpunished.
10.
The June 25, 2004 brief in which the representatives submitted their
comments on the State’s previous report (supra Having Seen 8), where they point
out that:
a)
Concerning payment of the interest owed in arrearages,
i.
ii.
The State must pay the interest corresponding to the period of
arrearages, i.e., from the date on which the six-month period
following notification of the Judgment (June 14, 2001) expired
to the date on which payment was made (March 25, 2003), and
They acknowledge the efforts the State made up to November
6, 2003, to effect payment of the sum of US$ 1,936.00;
however, as of this date the State is not in compliance with this
point.
b)
The representatives consider that the order to publish the operative
paragraphs of the Judgment on merits of August 18, 2000 has been
fully complied with;
c)
Concerning Mrs. Gladys Benavides López’ medical treatment and
psychotherapy,
i.
The Ministry of Health authorized free medical care and
medications from the stock available in health establishments.
However, because the State is only allowing her access to the
medications that are in stock at health establishments, which
are in short supply, the State has failed to provide the