there has been no progress in the implementation of this measure of reparation. As such,
the Court stresses the importance of compliance with this measure, because it implies that
there will be a moral satisfaction for the victims and closes the mourning process they have
been living for years. 11
11.
As a consequence, the State must adopt the necessary measures in an immediate
manner to determine the whereabouts of Ernesto Rafael Castillo Páez, the only measure in
the Judgments on the merits and reparations that is pending compliance. In order for the
Court to determine compliance with this measure of reparation, the State must present
detailed, complete and updated information, together with the supporting documentation,
on: a) the judicial and administrative actions, as well as other actions, carried out in
attempts at finding the whereabouts of Ernesto Rafael Castillo Páez that are in addition to
those that have already been reported during the proceeding on monitoring compliance with
the Judgments ordered in this case; b) the investigations and procedures carried out given
the information received on the alleged elimination of the remains of Mr. Ernesto Rafael
Castillo Páez, provided in the processing of the merits before this Court, and c) the actions
and procedures carried out regarding those that were processed and convicted for the facts
of the case in order to determine the whereabouts of Ernesto Rafael Castillo Páez.
b)
Obligation of the State to report on measures adopted to comply with
the Judgments on the merits and reparations
12.
Pursuant to the operative paragraph two of the Order of the Court of April 3, 2009
(supra Having Seen clause 2), the State was supposed to present, by no later than July 15,
2009, a brief that indicated “all the judicial and administrative, as well as other actions,
taken by the authorities in attempts at determining the whereabouts of Ernesto Castillo
Páez”. By way of a brief of June 29, 2009, the State referred to the “[o]bligation to
investigate, prosecute, and judge those responsible for the violations committed in [this]
[c]ase.” Notwithstanding, given that this brief “did not contain information required by the
Court,” three more requests for this brief were made to Peru. This brief was never
provided. 12 As a consequence, by way of the Order of the Court of May 19, 2011, a request
was made for the State to present a brief, by no later than July 15, 2011. The last
communication made by the State to this Court was on August 4, 2011, nevertheless, it did
not provide information on the measures adopted to determine the whereabouts of Ernesto
Rafael Castillo Páez. Subsequently, on five occasions, the Court reiterated requests for the
presentation of information from the State and it granted various periods for this (supra
Having Seen clause 4 and 6). Nevertheless, Peru has not presented the required
information on the judicial and administrative actions, or other type of actions, taken by
authorities in attempts at determining the whereabouts of Ernesto Castillo Páez. In light of
the aforementioned, the Court considers it relevant to refer to the State’s failure to comply
with the obligation to inform the Court on compliance with the Judgment.
13.
The Court considers it necessary to highlight and recall, just as it has done on
previous occasions, 13 that the timely fulfillment of the State's obligation to report to the
Cf. Case of The Dos Erres Massacre V. Guatemala. Preliminary Objection, Merits, Reparations and Costs.
Judgment of November 24, 2009. Series C No. 211, para. 245, and Case of Chitay Nech et al. V. Guatemala.
Monitoring of Compliance with Judgment. Order of the Inter-American Court of Human Rights of August 22, 2013,
Considering clause nineteen.
11
Cf. Case of Castillo Páez V. Perú. Monitoring of Compliance with Judgment. Order of the Inter-American
Court of Human Rights of May 19, 2011, Having seen clauses four and five, and Considering clause eleven.
12
Cf. Case of Castillo Páez V. Perú. Monitoring of Compliance with Judgment. Order of the Inter-American
Court of Human Rights of November 17, 2004, Considering clause seven and eight, and Case of Castillo Páez V.
13
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