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Prosecutor, for the crime of aggravated homicide against members of the
Colina Group, as perpetrators of the execution of Pedro Huilca [Tecse;]
b) The State also undert[ook] to advance the proceedings that are being heard
by the members of the Supreme Investigative Committee of the Judiciary, for
the crime of aggravated homicide, against Alberto Fujimori and Vladimiro
Montesinos, as masterminds of the extrajudicial execution of Pedro Huilca
[Tecse;]
c)
Regarding the proceedings against the alleged members of Sendero
Luminoso, Margot [...] Cecilia Domínguez Berrospi, Rafael Uscat[a] Mar[i]n[o],
Hernán Ismael Di[pas] Vargas, José Marcos Iglesias Cotrina, Percy Glodoaldo
Carhuaz Tejada and Yuri Higinio Huamani Gazani, that is currently being
processed by the Fourth Criminal Court for Terrorist Crimes, the State
undert[ook] not to submit a complaint and to file the proceedings permanently.
The next of kin of Pedro Huilca Tecse shall have full access to the investigations and
capacity to act at all stages and in all instances of the investigation and the
corresponding trial, in accordance with Peruvian laws and the provisions of the American
Convention. The results of the proceeding shall be published so that Peruvian society
can know the truth.
As established by the Inter-American Court in other cases, the Peruvian State shall
guarantee that the domestic proceedings to investigate, prosecute and punish those
responsible for the facts will have due effect. Also, it shall abstain from using figures
such as amnesty or prescription and establishing factors that exclude responsibility, such
as measures which attempt to hinder the criminal prosecution or suppress the effects of
a conviction[;]
[2] Acknowledge publicly the State’s international responsibility for the extrajudicial
execution of Pedro Huilca [Tecse] and make a public apology to Martha Flores Gutiérrez,
José Carlos Huilca Flores, Indira [Isabel] Huilca Flores, Flor de María Huilca Gutiérrez,
Pedro Humberto Huilca Gutiérrez, Katiuska Tatiana Huilca Gutiérrez and Julio César
[Escobar] Flores […], for having concealed the truth for more than 12 years.
The public act shall be attended by the most senior authorities of the Peruvian State,
trade unions and human rights organizations, in the presence of the victim’s next of kin.
This act shall be held within three months of the date on which the agreement is
signed[;]
[3]
Publish in the official gazette, El Peruano, and in another national newspaper with
widespread circulation, the attached document that forms part of the agreement entitled
‘The extrajudicial execution of Pedro Huilca Tecse was a State crime,’ and also the
judgment of Inter-American Court endorsing the document. […]
The publication shall be made within three months of the date on which the agreement
is signed[;]
[4]
Establish, in the Universidad Nacional Mayor de San Marcos, a course or subject
on human rights and labor law, entitled ‘Cátedra Pedro Huilca,’ to honor the memory of
the trade union leader. This course or subject should be offered every academic year,
starting in 2005[;]
[5]
Ensure that, as of 2005, during the official celebrations for May 1 (Labor Day), the
work of Pedro Huilca [Tecse] in favor of the trade union movement in Peru is recalled
and praised[;]
[6]
Erect a bust in memory of Pedro Huilca [Tecse] in a public place in Lima, chosen
in consultation with his next of kin. The inscription on the plaque should allude to the
activities of Pedro Huilca [Tecse]. The text of the inscription shall be consulted with his
next of kin […].
The State shall designate the public place and erect the bust within one year of the date
of the signature of the agreement[;]
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