5
reference [in the State report] as to which minors, next of kin of the Barrios Altos
case, have been included as beneficiaries of the trust [, reason for which they have
requested] that it is specifically singled out who they are and if they have all been
included without any exclusion whatsoever.” In the same way, they have requested
the State to ascertain “the conditions under which the trust operates [and] if those
conditions are the most favorable for the beneficiaries, according to the banking
practice."
17.
The Commission pointed out that, “it considers that the information
[forwarded by the State] does not include specific aspects […] so as to assess the
compliance of what has been ordered by the Court.”
18.
That out of the “simple copy of the certified copy” or trust funds contract
submitted by the State (supra Considering clause No. 6) it arises that on January 16,
2006, a trust was instituted (called MINJUS-DDHH-BN Trust) between the Ministry of
Justice and the National Bank (Banco de la Nación) in favor of the underage
beneficiaries of the reparations ordered by the Court in actions brought against Peru.
According to the trust contract –which has been attached-, it was instituted in favor
of the following underage beneficiaries of the reparations in the instant case and for
the following amounts:
•
•
•
Luis Álvaro León-Flores, US $86,468.50;
Caterin Díaz-Ayarquispe, US $43,234.25, and
Ingrid Elizabeth Ríos-Rojas, US $43,234.50.
19.
That according to Clause 8(3), subparagraph II of the contract, the purpose of
the trust funds shall be “to keep the money value through the use of money market
instruments (term deposits, certificates of deposit) additionally to those of fix income
in the local market (bills, bonds and/or coupons)[…].” It is also derived from the
contract that the State assumed the payment of the bank commission, as well as the
pre-operational administrative expenses of the Trust. The operational expenses are
also taken on, and will then be charged to the trusted assets (clause nine). Finally,
the contract sets forth that upon the end of minority, the trust bank shall deliver “the
resulting amounts” to the beneficiaries.
20.
That on informative note No. 138 -2005-JUS/CNDH-SE dated September 20,
2005, forwarded to the Vice-Minister of Justice and President of the National Board of
Human Rights by the Executive Secretary of the National Board of Human Rights,
there is a detailed description of the actions taken by said institution in order to
create the above-mentioned trust funds.
21.
That on February 13, 2006, this Court forwarded the Inter-American
Commission and the representatives a copy of informative note No. 138, as well as a
copy of the contract of the trust creation. After more than two years, the latter have
not submitted before the State or this Court any specific objections on the
conditions, amounts or the beneficiaries thereof.
22.
That the Court appreciates the information presented by the State regarding
that aspect of the reparations Judgment and considers that it has complied with it.
*