6
Peruano" Official Gazette on May 30, 2007". Afterwards, on December 17 and 18, 2007,
those same parts were published in the nationwide newspaper called "La [P]rimera”.
Nevertheless, the representatives considered that “even though the Peruvian State has
complied with the publications ordered by the Inter-American Court, it is worth mentioning
that such publications were made once the term granted by the Tribunal to such end had
expired”.
18.
That in such regard, the Commission “note[d] with satisfaction the compliance with
the order established in operative paragraph nine of the Judgment of April 6, 2006”.
19.
That despite the fact that the State has only informed on the partial compliance with
this obligation, the victims' representatives as well as the Commission has referred to its full
compliance by means of the publication of the pertinent parts of the Judgment in the Official
Gazette and in another nationwide newspaper (supra Considering clauses 17 and 18).
Furthermore, the representatives forwarded to the Tribunal copies of said publications.
Therefore, the Court considers that the State has complied with the order established in
operative paragraph nine of the Judgment.
*
*
*
20.
That, as to obligation to make, within six months following notice of [the] Judgment,
a public apology and acknowledgment of its international liability regarding the violations
referred to [t]herein, in the presence of the highest-raking State authorities, the State
pointed out that this obligation “is pending compliance”. Nevertheless, the State pointed out
that on February 7, 2008 the Executive Secretariat of the Human Rights National Council
forwarded to the Minister of Justice an official letter recommending the organization of an
act of public apology act and acknowledgment of international responsibility.
21.
That regarding this obligation, the representatives stated that “the Peruvian State
has not complied with the act of public apology” and that, besides, the State has expressed
that the "highest-ranking State authorities” would not be present in such act but "the State
agent appointed to the case and a representative of the Secretariat of the Human Rights
National Council" would be there. Furthermore, the representatives pointed out that “the
next-of-kin of Bernabé Baldeón expressed their discontent due to the time they have to
wait for [said act] to be carried out". Moreover, they showed regret for an incident that
occured on January 9, 2007 “that seriously affected the memory of Bernabé Baldeón-García
[, namely that] the President [of the Republic] of Peru […] issued statements before the
national media referring to Bernabé Baldeón–García as a terrorist, in respect to whom the
Peruvian State should pay an economic compensation as ordered in a judgment delivered
by the Inter-American Court of Human Rights". However, later on, the representatives
presented media press-clips pointing out that the President of Peru offered his “apologies”
for such incident and the next-of-kin expressed their "agreement" for that gesture.
22.
That the Commission “waits for the State to refer, in a more specific way, to the
compliance with this obligation in the next daily reports”.
23.
That according to the statements made by the parties and despite the efforts pointed
out by the State to comply with this obligation, the Court verifies that the public act of
acknowledgment of responsibility and to make amends, in accordance with the Judgment,