11
*
*
39.
That the State pointed out that on December 28, 2008, Legislative Decree No.
1068 became effective, whereby the Procuraduría Pública Supranacional
(Supranational Attorney General’s Office) started to operate in order to represent the
State before international instances. Furthermore, on January 9, 2009, through
Resolución Suprema (Supreme Order) No. 008-2009-JUS, the chief authority thereof
was appointed. It further added that from said date the Procuraduría Pública
Supranacional (Supranational Attorney General’s Office) “has been taking steps in
order to honor the Peruvian State obligations before the Inter-American System and
complete the timely fulfillment of the Judgment rendered by the Court.”
40.
That the representatives asked the Court
comply -as soon as possible- with the paragraphs
providing detailed and punctual information on the
order to comply with all the obligations imposed by
to “[r]equest the State […] to
pending fulfillment [and to] keep
measures it may have adopted in
the Court in its Judgment.”
41.
That the Commission noticed that after two years from the rendering of the
Judgment, “the State has partially complied with some of the obligations ordered” by
the Court. Although it appreciated the measures adopted for that matter, it asked
that the State is required to provide “a detailed report where it describes the steps
taken in order to comply with each of the ordered items.”
42.
That the Court notices that after a long period without the State complying
with its obligation to provide information, this situation has substantially improved
since the creation of the Procuraduría Pública Supranacional (Supranational Attorney
General’s Office). The Court further assesses positively the initial proceedings
effected in the last months in order to move forward in the fulfillment of the
obligations ordered in the Judgment.
THEREFORE,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
Exercising its powers for monitoring the compliance with its Orders and in
accordance with Articles 33, 62(1), 62(3), 65, 67 and 68(1) of the American
Convention on Human Rights, 25(1) and 30 of the Statute, and 30 and 63 of its
Rules of Procedure,7
DECLARES:
1.
That the State has partially complied with its obligation set forth in the
following operative paragraph of the Judgment:
7
Rules of Procedure approved by the Court in the XLIX Regular Session, held on November 16 to
25, 2000, and partially amended during the LXXXII Regular Session, held from January 19 to 31, 2009.