Order of the
Inter-American Court of Human Rights∗
of April 28, 2009
Case of the Miguel Castro-Castro Prison v. Perú
(Monitoring Compliance with Judgement)

HAVING SEEN:
1.
The Judgment on the merits, reparations and costs (hereinafter “the
Judgment”) delivered on November 25, 2006, whereby, the Inter-American Court
of Human Rights (hereinafter “the Inter-American Court,” “the Court” or “the
Tribunal”) unanimously decided that:
[…]
8.
The State must, within a reasonable period of time, effectively investigate the
facts denounced in the present case, identify, and, if applicable, punish those
responsible, for which it must open the corresponding proceedings and effectively carry
out the ongoing criminal proceedings as well as any new ones, adopt all the measures
necessary to elucidate all the facts of the present case in order to determine the
intellectual and material responsibility of those who participated in said violation, and
publicize the results of these criminal proceedings, in the terms of paragraphs 436 to
442 and 460 of the […] Judgment.
9.
The State must establish, within a reasonable period of time, the necessary
means in order to ensure that the information and documentation related to police
investigations regarding very serious facts be conserved in a manner such that the
corresponding investigations may be carried out, in the terms of paragraphs 442 and
460 of the […] Judgment.
10.
The State must carry out all actions necessary and adequate to effectively
guarantee the delivery of the remains of the victim Mario Francisco Aguilar-Vega to his
next of kin, within a 6-month period, and cover all the expenses arising from the delivery
of the victim’s body to his next of kin, as well as the burial expenses in which they may
incur in the terms of paragraphs 443 and 460 of the […] Judgment.
11.
The State must adopt, within a reasonable period of time, all the measures
necessary to guarantee that all the inmates that died as a result of the attack be
identified and their remains be handed over to their next of kin, pursuant to the
domestic legislation. In the event that other deceased inmates are identified, their next
of kin may present the corresponding claims, pursuant to the domestic law.
12.
The State must carry out, within a one-year period, a public act of
acknowledgment of its responsibility in relation to the violations declared in this
Judgment and as an apology to the victims and to the satisfaction of their next of kin, in
a public ceremony with the presence of high State authorities and the victims and their
next of kin, and it must broadcast said act through the media, including radio and
television, in the terms of paragraphs 445 and 462 of the […] Judgment.
13.
The State must offer, without cost and through its specialized health
institutions, the medical and psychological treatment required by the victims and their
next of kin, including any medication required by them, taking into consideration the

∗

On June 26, 2006, Judge Diego García-Sayán disqualified himself from hearing the instant case,
under the terms of Article 19 [current Article 20] of the Rules of Procedure. On the same day, the Court
delivered an Order whereby it decided to accept said self-disqualification, taking into consideration the
above-mentioned provisions and the analysis of the reasons stated by Judge García-Sayán. Therefore,
said Judge did not participate in the deliberation and signing of the Judgment nor of this Order.

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