4
located has been beneficial for her health evolution, as far as her vascular
problem is concerned;
d)
in connection with the obligation to waive, in favor of the victim, the
debt imposed as reparation for pecuniary damages established under civil law
in the Judgment handed down by the Sala Nacional de Terrorismo (National
Terrorism Chamber) on June 20, 2001, amounting to one hundred thousand
Nuevos Soles, the State had complied with such order, as it was published in
the Diario Oficial “El Peruano” (“El Peruano” Official Gazette), by means of
Resolución Suprema (Supreme Resolution) No. 001-2006-JUS of January 16,
2006;
e)
in connection with the obligation to adopt the measures necessary for
having detention conditions in the Yanamayo imprisonment facility conform to
international standards, the State pointed out that:
i.
it holds a population of 52 inmates;
ii.
the penitentiary conditions in which they are held are the
applicable ones under the ordinary conditions of imprisonment
pursuant to the Código de Ejecución Penal (Penal Enforcement Code)
and the Rules and Regulations thereunder;
iii.
such conditions afford inmates the possibility of receiving visits
from family and friends three times a week for a minimum period of
eight hours a day and of communicating with their lawyers from
Monday through Friday for a period of no less than six hours a day,
besides the possibility of moving about the rooms in their wing from
06.00 hours through 18.00 hours in the yards and hallways, from
18.00 hours through 21.00 hours in the hallways and from 21.00
hours on in closed quarters; and
iv.
measures have been adopted in order to preserve the inmate’s
health, they can resort to a permanent medical service every day
during the 12 daytime hours and to a nursing service covering 24
hours a day.
f)
in connection with the obligation to pay Ms. Rhoda Berenson and Mr.
Mark Berenson the amount fixed for legal costs and expenses, including
default interest accrued to date, the State had effected such payments.
4.
The communications filed by the representatives of the victim and her next of
kin (hereinafter “the representatives”) on November 3, 2005, January 5, 2006 and
July 21, 2006, whereby they stated that:
a)
in connection with the obligation of having the domestic legislation of
Peru amended to conform with the standards of the American Convention:
i.
the new Código Procesal Penal (Code of Criminal Procedure)
promulgated by the State does not imply amending substantive
legislation, on the contrary, it violates the Constitución Política del
Perú (Political Constitution of Peru), by giving the Policía Nacional
(National Police) powers that go beyond the provisions therein and
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