2
1.
That the State has complied with the obligations provided for in operative paragraph six of the
Judgment of preliminary exceptions, merits, reparations and costs issued by the Tribunal on November
24, 2006, regarding the payment of the quantities set in paragraph 154 as costs (operative paragraph six
of the Judgment and paragraphs 157 through 161 of the same).
2.
That it [would] maintain the process of monitoring of compliance with the points pending
complete fulfillment open, namely:
a)
To guarantee the 257 victims with access to simple, fast and efficient recourse, hence
an independent and impartial body must be formed as soon as possible. Said body should have
the power to rule in a binding and definitive manner on whether these persons were dismissed
from the Congress of the Republic in a fair and justifiable manner or, if that were not the case, it
should determine and set the corresponding legal consequences, and , if it were necessary, even
award due compensation in accordance with the specific circumstances of each of the persons, as
soon as possible (operative paragraph four of the Judgment and paragraphs 148, 149 and 155
thereof); and,
b)
To immediately pay the quantity awarded to the 257 victims as compensation for nonpecuniary damage (fifth operative paragraphs of the Judgment and paragraphs 151, 156 and 158
thereof).
And Resolv[ed]:
1.
To request the State of Peru to adopt all the measures necessary to give effective and prompt
fulfillment of the points from the Judgment that are pending fulfillment […] set forth in Declarative
Paragraph two [of the Order].
2.
To request the State of Peru to present the Inter-American Court of Human Rights, by no later
than March 1, 2010, a report indicating all the measures adopted in order to comply with the reparations
ordered by this Court that are pending fulfillment, pursuant to Considering Clause 29, 41 and 55 [of the
Order].
3.
To request the common interveners of the representatives of the victims and of the InterAmerican Commission on Human Rights to present the observations that they deem pertinent on the
State’s report mentioned in the previous operative paragraph within four and six weeks, respectively,
following the receipt of said report.
4.
To continue supervising the outstanding points of the Judgment on preliminary exceptions,
merits, reparations and costs issued by the Tribunal on November 24, 2006.
[…]
6.
The briefs of March 18 and 26 and June 22, 2010, through which the State referred
to the fulfillment of the Judgment.
7.
The briefs of December 7, 2009, January 26, March 2, June 2, October 22 and
November 12, 2010, through which the common intervening parties of the representatives
of the victims (hereinafter “the interveners”) presented their observations regarding the
state of compliance with the Judgment.
8.
The communication of July 1, 2010, through which the Inter-American Commission
on Human Rights (hereinafter “the Commission” or “the Inter-American Commission”)
presented their observations on the state of compliance with the Judgment.
B) Request to adopt provisional measures
9.
The brief received via email on July 14, 2010, through which Mr. Adolfo Fernández
Saré and eight other persons submitted a request for provisional measures before the InterAmerican Court, in accordance with Article 63(2) of the American Convention and Article 27
of the Rules of the Court, in order to provide for their “return to work at the Congress of the
Republic of Peru while the State employees comply with the operative paragraph four of the
Judgment;” and the State “[would] offer full medical attention through the Social Security
called [ESSALUD] to each victim and to their immediate family […] until the present case is
resolved in a definitive manner.”