30
refer to justice at the international level, before the two instances: the Commission
and the Court.62
87.
To this end, the Court considers that, in reimbursement of the expenses and
costs generated in the domestic jurisdiction and in the inter-American jurisdiction, it
is fair to recognize to the victim and his representatives -the Fundación Ecuménica
para el Desarrollo y la Paz (FEDEPAZ), the Center for Justice and International Law
(CEJIL) and Human Rights Watch/Americas-, the sum of US$8.000,00 (eight
thousand dollars of United States of America).
XI
METHOD OF COMPLIANCE
Arguments of the victim’s representatives
88.
In their reparations brief, the victim’s representatives stated that the Court
should oversee fulfillment of the present Judgment, particularly as regards the
investigation and punishment of those responsible for the violations.
Arguments of the Commission
89.
The Commission had not comments in this regard.
The State’s arguments63
90.
In its brief of conclusions, the State expressed its willingness to abide by the
decisions of the Court and to recognize the “legality and executability” of the
judgment on the merits that the Court delivered on August 18, 2000, and of the
present Judgment on reparations. However, it told the Court that it would have
difficulty complying with the Judgment on reparations, because Mr. Cantoral
Benavides is living in Brazil and “the only way the Peruvian State can fully comply
with a reparation intended to remedy the damage caused would be if the petitioner
were living within the national territory.”
The Court’s comments
91.
To comply with the present Judgment, the State will be required to pay
compensatory damages, costs and expenses and adopt the other measures ordered,
within six months of the date of this Judgment’s notification.
92.
The payment of the compensations ordered for the victim and his next of kin,
as applicable, will be made directly to them. Should any one of them die, the
payment will be made to his/her heirs.
93.
The payments ordered for reimbursement of expenses and costs incurred as a
result of the representations made by the victim’s representatives in the domestic
62
Cf. Mayagna (Sumo) Awas Tingni Community Case, supra note 3, paragraph 168; Cesti Hurtado
Case. Reparations, supra note 2, paragraph 72; and The “Street Children” Case (Villagrán Morales et al.).
Reparations, supra note 2, paragraph 108.
63
See paragraph 45 of this Judgment.