the Ministry of Justice and Human Rights, representatives of the victims and the next-of-kin
of Mr. Anzualdo Castro, a "Coordination Act in order to carry out a public apology ceremony,”
which set July 23, 2013, as the date to carry out the corresponding ceremony at the Ministry
of Justice and Human Rights, in accordance with the terms established by the Judgment on
Preliminary Objections, Merits, Reparations and Costs of September 22, 2009. Subsequently,
on August 13, 2013, the State reported on the implementation of this act, which was
attended by high-ranking officials and the next-of-kin of the victim, and it was translated
into Quechua. This information was disseminated on the website of the Ministry of Justice
and Human Rights and other publications, and therefore requested that this measure be
deemed fulfilled.
37.
By way of a brief dated August 8, 2013, the representatives mentioned that "the act
of acknowledgment of responsibility held on July 23, 2013,” at the Ministry of Justice, with
the presence of the President of the Inter-American Court of Human Rights, the President of
the Council of Ministers, the Minister of Justice, representatives of the Public Prosecutor’s
Office and the next-of-kin of the victim.
38.
The Court values that the public act of acknowledgment of responsibility for the
disappearance of Mr. Anzualdo Castro was carried out last July 23, 2013, in which the
victim's next-of-kin and high-ranking government officials participated. In light of the
information provided by the parties, the Court considers that the State has fully complied
with this measure of reparation.
H. The State must erect a plaque in the Museum of Memory, in the presence of
the next-of-kin, if they so wish, in a public act, within the term of two years,
as of notice of this Judgment (operative paragraph twelve)
39.
During the hearing on monitoring of compliance, the State informed that “the plaque
of the Museum of Memory had not been carried out because [there is] not yet a Museum of
Memory.” Similarly, by way of a brief of July 5, 2013, it stated that the construction of the
Museum of Memory was in progress.
40.
By way of a brief of August 8, 2013, the representatives stated that “the State did not
provide information that would objectively allow progress to be monitored in the construction
and placement of a plaque in the museum of memory nor when this measure is expected to
be accomplished.” Moreover, they reported about several requests that have been made to
domestic authorities in attempts at setting the plaque. 26
41.
In this regard, the Court appreciates the actions taken by the State to carry out the
construction of the Museum of Memory, and urges that the State, once the site is
established, proceed without delay with the public act of setting the plaque in memory of Mr.
Anzualdo Castro. Specifically, the State is required to report on the scheduled date for the
completion of the Museum and the respective placement of the plaque.
I. The State must adopt the necessary measures to provide, immediately as of
notice of this Judgment, the next-of-kin of Mr. Kenneth Ney Anzualdo
26
Cf. The request addressed to the President of the High Level Presidential Commission to organize a Place
for Memory, Tolerance, and Social Inclusion, on April 24, 2013, which requested the placement of the plaque, in
order to preserve the memory of Mr. Anzualdo Castro and as a guarantee of non-repetition, under the terms
provided in Judgment of September 22, 2009, since the period of two years that had been granted to the State had
expired.
11