28
was not compatible with the American Convention and that in the conduct of the
respective proceedings the rights to judicial protection and to due process of law,
recognized in the Convention, were violated. Consequently, in this Judgment on
reparations, this Court must order that the State nullify, in accordance with its
domestic law, the conviction that the Peruvian Supreme Court delivered against Luis
Alberto Cantoral Benavides.
78.
Accordingly, the State shall nullify all judicial or administrative, criminal or
police proceedings against Luis Alberto Cantoral Benavides in connection with the
events of the present case and shall expunge the corresponding records.
79.
As for the measures of satisfaction and the guarantees of non-recurrence that
the victim’s representatives and the Commission are seeking, the Court believes that
the judgment itself is a form of reparation. The foregoing notwithstanding, the Court
considers that as a measure of satisfaction, the Peruvian State must publish, at least
once, in both the Official Gazette and another newspaper of nationwide circulation,
the operative paragraphs of the judgment delivered on the merits on August 18,
2000.
80.
The best way to restore Luis Alberto Cantoral Benavides’ life plan is for the
State to provide him with a fellowship for advanced or university studies, to cover
the costs of a degree preparing him for the profession of his choosing, and his living
expenses for the duration of those studies, at a learning institution of recognized
academic excellence, which the victim and the State select by mutual agreement.
81.
Finally, the Court is ordering that the Peruvian State make a public apology to
admit its responsibility in this case and to prevent a recurrence of events such as
those that occurred in the present case.
X
COSTS AND EXPENSES
The arguments of the victim’s representatives
82.
The victim’s representatives pointed out that:
a)
They have made various representations before the domestic courts,
all of which involved outlays. These representations necessitated preparation
of briefs, the filing of motions and appeals, travel by family members and the
victim’s attorneys, among other persons, to various government offices, and
photocopies; preparation and submission of communications addressed to the
executive and legislative branches of government, to the Office of the Public
Prosecutor, directors of prison institutions and the media. Representations
were also made to the Ad Hoc Committee that granted Luis Alberto Cantoral
Benavides a pardon;59
59
This is an Ad Hoc Committee created under Law No. 26,655 and charged with “evaluating,
qualifying and proposing to the President of the Republic, as an exceptional measure, the granting of
presidential pardons to those who stand convicted of crimes of terrorism and treason based on evidence
so flimsy that the Committee may reasonably presume that the persons in question may have had no link
to terrorist elements, activities or organizations.”