9
amounts that correspond to them in full and effectively.6 The State may not deduct
any percentage of the compensation corresponding to the beneficiaries who are
minors for the administrative or financial expenses incurred by the trust company, to
the detriment of the capital deposited in the trust fund.
13.
That the State must deposit the amounts of the compensation corresponding
to the beneficiaries who are minors in a trust fund during the first quarter of the
2002 fiscal year;7 in other words, the time limit expired more than a year ago and
the State has still not set up a trust fund.
14.
That it is the State’s obligation to pay compensatory interest on the arrears
for the period during which it failed to make the deposit in the trust fund of the
compensation amounts corresponding to the beneficiaries who are minors, and this
should be calculated on the basis of the interest rate established by the Central Bank
[Banco Central de Reserva] of Peru.8
*
*
*
15.
That, in the course of monitoring full compliance with the judgments on
merits and reparations in this case, and after examining the information contributed
by the State, the Inter-American Commission and the representatives of the victims
and their next of kin in the briefs on compliance with reparations, the Court has
verified that Peru has complied with:
a)
Payment of compensation to the following surviving victims: Natividad
Condorcahuana Chicaña, Felipe León León, Tomás Livias Ortega and Alfonso
Rodas Alvítez (or Albitres, Albites or Alvitrez) (subparagraph (a) of the second
operative paragraph of the judgment on reparations of November 30, 2001);
b)
Payment of compensation to the following beneficiaries of the
deceased victims (subparagraphs (b) and (c) of the second operative
paragraph of the judgment on reparations of November 30, 2001): for the
victim Placentina Marcela Chumbipuma Aguirre to Luis Angel Tolentino
Chumbipuma (son), Alfredo Roberto Tolentino Chumbipuma (son) and Rocío
Victoria Obando Chumbipuma (daughter); for the victim Luis Alberto Díaz
Astovilca to Caterin Díaz Ayarquispe (daughter), Virginia Ayarquispe Larico
(companion), María Astovilca Tito de Díaz (mother) and Albino Díaz Flores
(father); for the victim Octavio Benigno Huamanyauri Nolazco to Félix
Huamanyauri Nolazco (brother); for the victim Luis Antonio León Borja to
Elizabeth Raquel Flores Huamán (companion), Estela Borja Rojas (mother)
and Fausto León Ramírez (father); for the victim Filomeno León León to
Severina León Luca (mother), Bernabé León León and Melania León León (the
relationship was not indicated); for the victim Máximo León León to Maribel
León Lunazco (daughter), Sully León Lunazco (son) and Eugenia Lunazco
6
Cf. Baena Ricardo et al. case. Compliance with judgment. Order of the Inter-American Court of Human
Rights of November 22, 2002, tenth considering paragraph; and Loayza Tamayo case. Interpretation of
the Judgment on Reparations (Art. 67 of the American Convention on Human Rights). Judgment of June 3,
1999. Series C No. 53, para. 24.
7
Cf. Barrios Altos case. Reparations, supra nota 2, para. 35 y punto resolutivo segundo in fine.
8
Cf. Barrios Altos case. Reparations, supra nota 2, para. 36 y punto resolutivo segundo in fine.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents