5
of the Court “will have to be provided by the Ministry of Economy
pursuant to the procedure for the execution of judgments issued by
Supranational Courts.” She added that said law is not applicable to the
present case since it was enacted more than one year and a half after
the Judgment issued by the Inter-American Court. On the other hand, if
the compensatory amounts (without interests) were correctly set by the
Constitutional Court just two months after the judgment of the Court
was issued and notified, the correct thing to do would be to use funds
from the FEDADOI, which do not require budget availability to be used in
compliance of the judgments of the Inter-American Court. Besides, it is
the State’s obligation to pay the victim in a complete and timely manner
and, if it is the case, with interests.
12.
The brief of April 20, 2005, through which Mrs. Delia Revoredo Marsano de Mur
informed that she had received from the State “a check in soles equal to $100,000.00
dollars [of the United States of America], amount that constitutes one third of the
amount it was ordered to pay as compensation.” However, Peru had not referred to the
interests for delayed payments or to the date on which it would pay the outstanding
balance.
13.
The brief of April 22, 2005, through which Mrs. Herlinda Ibáñez viuda de Aguirre
Roca stated that she agreed with the arguments of Mrs. Revoredo expressed in her
brief of April 11, 2005 (supra Consideration 11). She added that the reasons for her
lack of conformity were: the fractioned payment of the debt, the fact that the
judgment of the Court, which should have been complied with in a prompt and
comprehensive manner by the State, was not being fulfilled; the omission of the
payment of the interests earned for the delay in the compliance with the judgment;
and the lack of seriousness of the state bodies in charge of the case. Finally, she
expressed her lack of conformity before the little interest to determine and punish
those responsible for the destitution of the Senior Judges.
14.
The brief of May 2, 2005, through which the Inter-American Commission of
Human Rights (hereinafter “the Commission” or “the Inter-American Commission”)
presented its observations to the state’s report of March 14, 2005 (supra Consideration
9). The Commission, inter alia, requested that the Court urge the State to:
a)
immediately take effective measures for the investigation, processing,
and punishment of the facts of the case, and
b)
complete the procedures required for the compliance of the obligation to
pay the amounts due with its corresponding interests for delayed
payment.
15.
The note of September 9, 2005, through which the Secretariat asked Peru,
following the instructions of the full Court, to present a detailed report on the progress
reached in the compliance with the Judgment, for which it granted it time until
November 9, 2005.
16.
The brief of November 11, 2005, through which the State informed of the
actions carried out for compliance of the pending matters of the Judgment. In this
sense it stated, inter alia, that:
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