9
complete and more current information on its actions with regard to these
operative paragraphs;
f) The State had taken some steps at the domestic level towards making the
payment. Nevertheless, it considered that the information provided was
insufficient to identify a timetable regarding each of the different measures of
compensation. In addition, the Commission indicated that this payment
continued to be pending and, bearing in mind that the payments had not
been made within the allotted time of one year, when paid, they should be
increased by interest on arrears;
g) Neither the State nor the representatives had referred to compliance with the
measures necessary to safeguard the life, integrity and security of Dirma
Montserrat Peña, Pedro Iván Peña and Raúl Esteban Portillo. Hence, the
Commission considered that it was pertinent to require the State to provide
information on the measures adopted to comply with this obligation, and
h) In general, the Commission considered that, although the State had taken
some administrative measures to comply with the operative paragraphs of the
judgment, only one of these decisions had been complied with completely.
Thus, the State had not adopted the necessary or appropriate actions to
comply with most of the obligations emanating from the judgment. Hence,
the Commission requested the Court to require the State:
i.
ii.
iii.
iv.
To provide clarification about compliance with providing a place for the
final burial of the son of María Teresa Jesús Pérez;
To comply fully with its obligation to provide medical and psychological
treatment, especially and promptly to the victims who, being deprived
of their liberty or without financial resources, require medical care
owing to the seriousness of their ailments;
To submit information to help determine whether it has complied with
its obligation to create a program of special education program and a
vocational program;
To comply with its obligation to pay compensation, costs and
expenses, as well as with regard to the interest on arrears to be paid
to the victim, owing to the time that has elapsed without the
corresponding payment having been made. Lastly, it requested that
the State should be required to provide complete information on the
measures adopted to safeguard the life, integrity and security of Dirma
Montserrat Peña, Pedro Iván Peña and Raúl Esteban Portillo. In view of
the foregoing, it requested that a time limited be established for the
State to report on effective compliance measures, and that the Court
continue to monitor compliance with judgment with regard to all the
obligations that remain pending.
9.
The brief of June 7, 2006, in which Eduardo Vera, one of the victims, through
Raquel Talavera, representative of the victims, submitted a brief in which he
reported on “the situation of those who were and [allegedly continue] to be victims
of the State, […] which [allegedly] is not complying with the judgment delivered by
the Court.” In addition, he requested that he “should be provided with provisional
measures to protect [his] life and physical integrity because he had sent [this]
communication.”
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents