2
2.
The Judgment on Reparations delivered by the Court in the instant case on
November 27, 1998, whereby it unanimously decided:
1.
To set the reparations that the State shall pay to the next of kin of Ernesto
Rafael Castillo-Páez at US$245,021.80 (two hundred forty-five thousand twenty-one
United States dollars and eighty cents) or its equivalent in local currency. The State is to
make these payments in the proportion and under the conditions set forth in […] this
Judgment.
2.
That the State of Peru shall investigate the facts in the instant Case, identify
and punish those responsible and adopt the necessary domestic legal measures to
ensure that this obligation is fulfilled.
3.
That the payments indicated in operative paragraphs 1 and 5 shall be made
within six months from the date of notification of this Judgment.
[…]
5.
To set the amount the State shall pay to the victim’s next of kin to reimburse
them for costs incurred in domestic legal proceedings at US$2,000.00 (two thousand
United States dollars) or its equivalent in the local currency of Peru.
6.
That it shall oversee fulfilment of this Judgment.
3.
The Order of compliance with Judgment delivered November 27, 2003,
whereby the Court considered:
[…]
7.
That in overseeing overall compliance with the judgments on the merits and on
reparations delivered in the instant case, and after analysing the information provided
by the State, by the representatives of the next of kin, and by the Inter-American
Commission, the Court has corroborated that the State has complied with the payment
of compensation for immaterial and material damages, and costs and expenditures, in
conformity with operative paragraphs one and five of the Judgment on reparations.
8.
That after analysing the information provided by the State, by the
representatives of the next of kin, and by the Inter-American Commission, the Court
deems it indispensable that the State report to the Court concerning the following
aspects of the judgment not yet fulfilled and still pending:
a)
follow up concerning the steps taken to investigate the facts in the
instant Case relative to violations of rights recognised in the American
Convention, to the detriment of Ernesto Rafael Castillo-Páez, and to identify
and punish those materially and intellectually responsible for what occurred to
Mr. Castillo-Páez, since, on the basis of the information provided, it is not
possible to conclude that this obligation may, to date, have been fulfilled in
conformity with the decision of this Court (Operative paragraph two of the
Judgment on Reparations of November 27, 1998); and
b)
steps taken to return the mortal remains of Ernesto Rafael CastilloPáez to his next of kin.
[…]
DECLAR[ED]:
1.
that in conformity with considering paragraph seven of the […] Order, the State
has fully complied with the obligations specified in operative paragraphs 1 and 5 of the
Judgment on Reparations delivered by this Court on November 27, 1998 on the matter
of compensation.