Tecse in which the social role he played in favor of the labor movement in Peru will be
explained.” However, despite this decision and according to the information provided
by the State, the representatives of the victims “are only aware of [three] ceremonies,
held in 2008, 2010 and 2012.” Mr. Huilca Tecse’s next of kin were not advised of, or
invited to, these ceremonies, “so that this measure did not provide them with
reparation.” Consequently, the representatives asked that, at the very least, the State
should give Mr. Huilca Tecse’s next of kin prior notice of future celebrations and that
the Court require the State to establish a mechanism that ensures compliance with
this measure every year in coordination with Mr. Huilca Tecse’s next of kin.
16.
The Commission considered that, bearing in mind that this measure sought to
recover the historical memory of the victim with a reparatory effect for his next of kin,
it was important that “the State provide information on any measures it may have
adopted to overcome the shortcomings related to the permanence of the measure of
reparation, as well as the coordination with the representatives so that Mr. Huilca
Tecse’s next of kin may participate adequately.”
17.
Regarding the implementation of this measure of reparation, the Court notes
that the State adopted Ministerial Decision No. 114-2005-TR, published in the official
gazette, “El Peruano,” on April 29, 2005, which established that ““that, as of 2005, the
ceremony to award the Orden del Trabajo will include […] a reference to Pedro Huilca
Tecse in which the social role he played in favor of the labor movement in Peru will be
explained.” This decision also states that the Ministry of Labor and Employment
Promotion will hold this ceremony during the Labor Day celebrations, awarding a
distinction “to persons who have made notable efforts to contribute to the advance of
labor and social security laws.” Since this ceremony is held within the framework of
the Labor Day celebrations, the Court finds that the measure ordered by the State
complies formally with the provisions of the Judgment, insofar as it ensures the
permanence of this commemoration over time.
18.
Nevertheless, the obligation to recall and praise Mr. Huilca Tecse during the
official Labor Day celebrations must be fulfilled every year. In this regard the Court
notes that the State has presented supporting information and documentation for
2006, 2007, 2009 and 2011. For the current year, the State provided a video on the
celebration of the award of the Orden del Trabajo held on May 17, 2013, during which,
as can be seen, “Pedro Huilca Tecse was remembered and honored for his selfless
struggle for labor rights and social commitment in favor of the Peruvian trade union
movement.” Regarding this aspect, the Court considers that, in recent years, the State
has revealed its willingness to give continuity to compliance with this measure. In the
understanding that the State will continue honoring the memory of Mr. Huilca Tecse
every year during the official Labor Day celebrations, based on the general directive
contained in Ministerial Decision No. 114-2005-TR, the Court finds that the State has
complied with this measure of reparation.
d)
Obligation to erect a bust in memory of Pedro Huilca Tecse (first
operative paragraph, subparagraph (f), of the Judgment)
19.
The State advised that, in a note of March 2, 2012, the Metropolitan
Municipality of Lima had allocated a site to place the bust of the trade union leader
Pedro Huilca Tecse. Subsequently, the State indicated that, on December 18, 2012,
the bust of the trade union leader Pedro Huilca Tecse was unveiled in Lima, in Plaza
Víctor Raúl Haya de la Torre (Av. 28 de Julio in the Cercado District), during a
ceremony attended by the next of kin of the former trade union leader, leaders of the
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