16
Judgment on the merits, reparations and costs of February 28, 2003 in the instant
case, namely:
a)
“as indicated in paragraph 180 of [the] Judgment, [to] 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” (operative paragraph seven of the judgment of February 28, 2003),
and
b)
“[to] 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 [the]
Judgment” (operative paragraph eight of the judgment of February 28, 2003).
2.
That, in accordance with the terms of Considering clauses 16 and 33 of this
Order, the Tribunal shall keep open the procedure to monitor compliance with the
aspects pending compliance in the instant case, namely:
a)
“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” (operative paragraph six of the Judgment of
February 28, 2003) and
b)
decide “that the possible patrimonial consequences of the violation of
the right to property should be established under domestic legislation, by the
competent national organs” (operative paragraph five of the judgment of
February 28, 2003).
AND DECIDES:
1.
To require the State to take the necessary measures to fully and immediately
comply with the aspects pending fulfillment that were ordered by the Tribunal in the
Judgment on the merits, reparations and costs delivered on February 28, 2003
according to the provisions of Article 68(1) of the American Convention on Human
Rights.
2.
To order the State to submit to the Inter-American Court of Human Rights,
not later than March 12, 2010, a report describing all the measures adopted to
comply with the aspects pending compliance, mentioned in declarative paragraph 2
supra, pursuant to Considering Clauses 16, 33 to 39 of this Order.
3.
To call upon the representative of the victims and the Inter-American
Commission on Human Rights to submit their observations to the State’s report
referred to in the preceding operative paragraph, within a period of four and six
weeks, respectively, as from the date of receipt of the report.
4.
To continue monitoring the aspects of the Judgment on merits, reparations
and costs of February 28, 2003 that are still pending compliance.