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situation is clearly expressed and considering that four years have passed since this Tribunal
ordered that the consequences of their dismissals be determined.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercising its powers and in accordance with Articles 63(2), 67 and 68(1) of the American
Convention on Human Rights, and Articles 12(3) and 30 of the Statute, and Articles 5, 19,
27, 31 and 69(4) of its Rules of Procedure,
DECLARES:
1.
That it will keep the procedure to monitor compliance with the outstanding issues
open, namely:
a)
to guarantee the 257 victims access to a simple, quick, and effective
recourse, for which it will be necessary to form, as soon possible, an independent
and impartial body with the power to decide in a binding and definite manner if these
persons were dismissed fairly and justifiably from the Congress of the Republic, or if
that were not the case, it must be proven and the corresponding legal consequences
must ensue, including, if necessary, the compensations due according to the specific
circumstances of each person, as soon as possible (operative paragraph four of the
Judgment and paragraphs 148, 149 and 155); and,
b)
to immediately pay the amount awarded to the 257 victims, as non-pecuniary
damages (operative paragraph five of the Judgment and paragraphs 151, 156, and
158 to 161 thereof).
AND RESOLVES:
1.
To request the State of Peru to adopt all the measures necessary to effectively and
promptly comply with the paragraphs pending compliance with the Judgment of preliminary
exceptions, merits, reparations and costs, issued in the case of the Dismissed Congressional
Employees, pointed out in the first declarative paragraph.
2.
To dismiss the request for provisional measures presented by Mr. Adolfo Fernández
Saré and others, in the terms stated in the Considering Clause twenty of this Resolution.
3.
To require the State of Peru to present a report, in which it states all the measures
adopted to comply with the outstanding reparations ordered by the Court, to the InterAmerican Court of Human Rights, by no later than March 30, 2011.
4.
To request the common interveners of the victims’ representatives and the InterAmerican Commission on Human Rights to submit the observations that they deem