Order of the
Inter-American Court of Human Rights*
of February 7, 2008
Case of Huilca Tecse v. Peru
(Monitoring Compliance with Judgment)
HAVING SEEN:
1.
The Judgment on the merits, reparations and costs (hereinafter “the
Judgment”) issued by the Inter-American Court of Human Rights (hereinafter “the
Court”, “the Inter-American Court”, or “the Tribunal”) on March 3, 2005, in which the
Court:
DECIDE[D]:
[u]nanimously,
1.
To admit the entry and search carried out by the State on September 7, 2004, pursuant
to paragraphs 63, 79, and 83 of the […] Judgment.
2.
To partially approve the agreement regarding the methods of and deadlines for
compliance with the reparations signed on December 6, 2004, between the State and the
representatives of the victims and their next of kin, pursuant to paragraphs 40 and 58, 92, 95,
100, 111 to 116, 118, and 119 of the […] Judgment.
DECLARE[D]:
[u]nanimously, that:
1.
The conflict that originated the […] case [had] ceased.
2.
In keeping with the terms of the entry and search carried out by the State, the State
violated the rights enshrined in Articles 4(1) (Right to Life) and 16 (Freedom of Association) of
the American Convention on Human Rights, and failed in its obligation, established in Article 1(1)
(Obligation to Respect Rights) of the same, in detriment to Mr. Pedro Huilca Tecse, pursuant to
paragraphs 64 through 79 of the […] Judgment.
3.
In keeping with the terms of the entry and search carried out by the State, the State
violated the rights enshrined in Articles 8 (Right to a Fair Trial) and 25 (Right to Judicial
Protection) of the American Convention on Human Rights, and failed in its obligation established
in Article 1.1 (Obligation to Respect Rights) of the same, in detriment to the following family
members of Mr. Pedro Huilca Tecse: Mrs. Martha Flores Gutiérrez, partner of the victim; their
sons, Pedro Humberto Huilca Gutiérrez, Flor de María Huilca Gutiérrez, Katiuska Tatiana Huilca
Gutiérrez, José Carlos Huilca Flores, and Indira Isabel Hilca Flores, as well as Julio César Escobar
Flores, step-son of the victim and son of Martha Flores Gutiérrez, pursuant to paragraphs 80
through 83 of the […] Judgment.
*
Judge Diego García-Sayán, of Peruvian nationality, declined to hear the Monitoring Compliance in this
case, in accord with Articles 19(2) of the Statute and 19 of the Rules of Order of the Court. In addition, for
reasons of Force Majeure, Judge Manuel Ventura Robles did not participate in the deliberation and signing
of this Order.