30
(daughter)
6. Katiuska Tatiana Huilca Gutiérrez
(daughter)
7. Pedro Humberto Huilca Gutiérrez
(son)
8. Julio César Escobar Flores (stepson)
Total
US$ 20,000
US$ 20,000
US$ 30,000
US$ 250,000
100. The Court observes that the agreement reached by the parties is compatible
with the American Convention and with the Court’s case law, and therefore confirms
this point. Consequently, the Court considers that the State must pay the sum of
US$250,000.00 (two hundred and fifty thousand United States dollars) or the
equivalent in new soles, for the non-pecuniary damage suffered by Pedro Huilca
Tecse, Martha Flores Gutiérrez, Indira Isabel Huilca Flores, José Carlos Huilca Flores,
Flor de María Huilca Gutiérrez, Katiuska Tatiana Huilca Gutiérrez, Pedro Humberto
Huilca Gutiérrez and Julio César Escobar Flores, to be distributed as established in
the preceding paragraph.
101. The compensation established in favor of the deceased victim shall be
distributed as follows: US$12,000.00 (twelve thousand United States dollars), or the
equivalent in new soles, shall be delivered to both Martha Flores Gutiérrez and Flor
de María Huilca Gutiérrez; US$6,500.00 (six thousand five hundred United States
dollars), or the equivalent in new soles, shall be delivered to each of the following:
Indira Isabel Huilca Flores, José Carlos Huilca Flores, Katiuska Tatiana Huilca
Gutiérrez and Pedro Humberto Huilca Gutiérrez; and US$10,000.00 (ten thousand
United States dollars), or the equivalent in new soles, shall be delivered to Julio
César Escobar Flores.
E) OTHER FORMS OF REPARATION
(MEASURES OF SATISFACTION AND GUARANTEES OF NON-REPETITION)
102. In this section, the Court will determine the measures of satisfaction that
seek to repair the non-pecuniary damage and will also order measures of a public
scope or repercussion. These measures seek, inter alia, to recognize the dignity of
victims or transmit a message of official censure of the human rights violations in
question, and also to avoid a repetition of violations such as those in this case.33
103. In accordance with the provisions established in the section entitled
“Measures of satisfaction and guarantees of non-repetition” in the agreement on the
methods and time limits for complying with reparations, the State undertakes to:
[1]
Conduct a complete, independent and impartial investigation that allows the
truth to be known, and the masterminds and perpetrators of the execution of Pedro
Huilca [Tecse], as well as those who have ensured the impunity and concealment of the
persons who are really responsible, to be identified, prosecuted and punished.
a) In this regard, and in order to ensure that the corresponding complaint is
filed before a judge, the State undert[ook] to advance the investigation being
processed before the Provincial Anti-corruption and Human Rights Criminal
33
Cf. Case of De La Cruz Flores, supra note 25, para. 164; Case of the “Juvenile Reeducation
Institute”, supra note 7, para. 310; and Case of Ricardo Canese, supra note 24, para. 208.
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