Order of the
Inter-American Court of Human Rights∗
of January 19, 2009
Case of Neira-Alegría et al. v. Peru
(Monitoring Compliance with Judgment)

Having seen:
1.
The Judgment on the merits delivered by the Inter-American Court of Human
Rights (hereinafter, the “Court”, the “Inter-American Court”, or the “Tribunal”) on
January 19, 2005.
2.
The Judgment on reparations and costs delivered by the Inter-American Court
(hereinafter, the “Judgment”) on September 19, 1996, whereby it decided, inter alia,
that:
[…]
4) […] that the State of Peru is obliged to do all in its power to locate and identify the
remains of the victims and deliver them to their next of kin.
[…]

3.

The Order of the Court of November 28, 2002, on monitoring compliance with
the Judgment delivered in the instant case, which states in Considering clause No. 8
that "it has verified that the State paid the amounts of the compensation plus interest
to the victims´ next of kin in compliance with Operative Paragraphs No. 1, 2 and 3 of
the [J]udgment [...] Notwithstanding, it has been proven by the supporting documents
submitted in the instant case that the State has failed to comply with the obligation to
´locate and identify the remains of the victims and deliver them to their next of kin´,
pursuant to Operative Paragraph No. 4 of the [J]udgment on Reparations." Therefore,
the Court ordered that:
1.
The State is obliged to take all the necessary measures to effectively and
promptly comply with the Judgment on Reparations delivered on September 19, 1996 by
the Inter-American Court of Human Rights in the case of Neira-Alegría et al., according to
the provisions set forth in Article 68(1) of the American Convention on Human Rights.
[…]

4.
The reports of the State of November 29, 2002, October 7, 2003, July 1, 2004,
February 1 and October 7, 2005, and July 26, 2006.

∗

Judge Diego García-Sayán, a Peruvian national, disqualified himself from hearing the case pursuant
to Article 19(2) of the Statute and Article 19 of the Rules of Procedure, and therefore he did not take part in
the deliberation and signature of this Order.
Judge Sergio García-Ramírez disqualified himself from hearing this case for reasons beyond his
control, and therefore he did not take part in the deliberation and signature of this Order.

Select target paragraph3