9
and applied in such a way that the protected guarantee is actually practical and
efficient, having present the special nature of the human rights treaties.3
7.
That the States Parties to the Convention that have acknowledged the Court’s
obligatory jurisdiction have the duty to comply with the obligations established by the
Tribunal. In this sense, Peru must adopt all the necessary measures in order to
effectively comply with that ordered by the Court in its Judgment of January 31, 2001
(supra Consideration 1).
8.
That when supervising the comprehensive compliance of the Judgment on
merits and reparations issued in the present case, and after analyzing the information
provided by the State, the Commission, and by the victims or their next of kin, the
Tribunal has verified that Peru made several payments in the concept of the arrears of
salary and other benefits ordered in favor of the victims: as can be concluded from the
briefs presented by Mrs. Delia Revoredo Marsano de Mur, Pilar Vega Alvear de Rey,
and Herlinda Ibáñez viuda de Aguirre Roca on January 14, 2005, February 21, 2005,
and March 11, 2005 (supra Considerations 4, 6, and 8), respectively; the State made a
partial payment of S/ 322,000.00 new soles, equal to US$ 100,000.00 (one hundred
thousand dollars of the United States of America), in favor of these women, in the
concept of compensation for the arrears of salary. Likewise, on January 12, 2006 the
mentioned victim and the next of kin informed the Court that on December 28, 2005
the State made a payment in the amount of S/ 517,496.20 new soles, in favor of each
of them, in the concept of said compensation. Mrs. Revoredo Marsano, Vega Alvear
viuda de Rey, and Ibáñez viuda de Aguirre Roca stated that with this last payment,
added to the aforementioned partial payment, the State had paid the totality of the
compensation, which had been set at S/ 839,496.22 new soles in favor of each of the
former senior judges, without taking into consideration the interests for delayed
payments. Finally, through a brief received on January 26, 2006, Mrs. Delia Revoredo
Marsano de Mur informed that in the month of January 2006 the State had paid her
the amount of S/ 45,749.06 new soles, equal to US $13,455.76 [dollars of the United
States of America] in the concept of interests (supra Consideration 24).
9.
That Mrs. Delia Revoredo Marsano de Mur, Pilar Vega Alvear viuda de Rey, and
Herlinda Ibáñez viuda de Aguirre Roca have stated that, even though they did receive
the compensatory payment, the amount of the interests for delayed payments has not
yet been determined or paid since there is a disagreement with the State regarding the
date as of which they should start to be computed. Besides, Mrs. Delia Revoredo
Marsano de Mur stated that the payment received on December 28, 2005, as well as
the last payment received in the month of January 2006, was assigned to the payment
of interests until their amount is determined, since Article 1257 of the Peruvian Civil
Code grants the creditor the power to assign the partial payment to the interests due
and then to the capital. In relation to the above, the victims also stated their
disagreement with the State, in the sense that, according to the latter, the funds
required to make the pending payments had to be provided by the Ministry of
Economy, in application of law 27775 (Law that regulates the procedure for the
3
Cfr. Case of Cantos. Compliance with Judgment. Ruling of the Inter-American Court of Human
Rights of November 28, 2005, sixth whereas clause; Case of Barrios Altos. Compliance with Judgment.
Ruling of the Inter-American Court of Human Rights of September 22, 2005, sixth whereas clause, and Case
of Herrera Ulloa. Compliance with Judgment. Ruling of the Inter-American Court of Human Rights of
September 12, 2005, sixth whereas clause. In this sense, cfr. Klass and others v. Germany, (Merits)
Judgment of 6 September 1978, ECHR, Series A no. 28, para. 34; y Permanent Court of Arbitration, DutchPortuguese Boundaries on the Island of Timor, Arbitral Award of June 25, 1914.
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