4
Rosales-Capillo, daughter of deceased victim Alejandro Rosales-Alejandro. The
representatives, on the other hand, pointed out that said payment is pending
compliance. The Inter-American Commission pointed out that the State has not
forwarded enough information so as to ascertain if the criteria set forth by the Court
regarding the totality of the owed payment is satisfied, including interest in arrears.
10.
That taking into account that more than six years have gone by since the
rendering of the reparations Judgment in the instant case, it is important that the
State adopt the measures necessary to effect the above mentioned payments and
that it inform the Court on that matter (supra Having Seen clause No. 3)
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*
*
11.
That in the State report of January 11, 2008, Peru indicated that there is a
balance pending payment by way of arrears interest in favor of Mrs. Maximina
Pascuala Alberto-Falero, in the amount of US$84,647.82 (eighty-four thousand six
hundred and forty-seven United States dollars and eighty-two cents).
12.
That regarding the above, the representatives expressed that “[it i]s
necessary that the State fix the terms and conditions according to which it shall
comply with said payment". The Commission forwarded no remarks on the matter.
13.
That it is necessary that the Court has updated and detailed information
regarding the actions taken by the State so as to deliver Mrs. Maximina Pascuala
Alberto-Falero the amount corresponding to the generated arrears interest, pursuant
to operative paragraph 36 of the reparations Judgment (supra Having Seen clause
No. 3).
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*
*
14.
That in the order of September 22, 2005, the Court requested the State to
submit updated information regarding the deposit of the compensations
corresponding to minors Luis Álvaro León-Flores, son of victim Luis Antonio LeónBorja, and Ingrid Elizabeth Ríos-Rojas, daughter of victim Manuel Isaías Ríos-Pérez,
in a “trust created under the most favorable conditions according to the Peruvian
banking practice" (operative paragraph two of the reparations Judgment rendered on
November 30, 2001.)
15.
That in the brief of February 3, 2006, the State informed that it had instituted
trust funds in favor of the following minors: Luis Álvaro León-Flores, Caterin DíazAyarquispe and Ingrid Elizabeth Ríos-Rojas. On February 9, 2006, the State
forwarded a “simple copy of the certified copy by means of which those trust funds
were institut[ed]."
16.
That the representatives pointed out that “the trust [to which the State
refers] has been instituted in general terms for all the underage beneficiaries of
reparations, pursuant to "supranational judgments" issued until December 31, 2005,
and it includes other reparations and friendly agreements approved by the InterAmerican Convention on Human Rights.” In that sense, they stated that “there is no