ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS ∗
OF AUGUST 21, 2013
CASE OF HUILCA TECSE v. PERU
MONITORING COMPLIANCE WITH JUDGMENT
HAVING SEEN:
1.
The Judgment on merits, reparations and costs (hereinafter “the Judgment”)
delivered by the Inter-American Court of Human Rights (hereinafter “the InterAmerican Court” or “the Court”) on March 3, 2005. The case refers to the extrajudicial
execution, on December 18, 1992, of Pedro Huilca Tecse who, at that time, was the
Secretary General of the General Confederation of Workers of Peru; the violation of
the right to freedom of association in relation to the right to unionize, and failure to
comply with the obligation to conduct an investigation with due diligence to clarify the
facts and eventually prosecute those responsible, which, in this case, constituted a
situation of serious impunity. The Republic of Peru (hereinafter “the State” or “Peru”)
informed the Court of its acquiescence, which was admitted and Peru was declared
responsible for the violation of Articles 4(1) and 16 of the American Convention on
Human Rights (hereinafter “the American Convention” or “the Convention”), in relation
to Article 1(1) of this instrument, to the detriment of Pedro Huilca Tecse, and of
Articles 8 and 25 of the Convention, in relation to Article 1(1) thereof, to the detriment
of his next of kin. In addition, the Court partially endorsed the agreement concerning
the methods and time frames for complying with the reparations signed by the State
and the representatives of the victim and his next of kin on December 6, 2004.
2.
The Order of the Court of September 22, 2006, in which it declared:
1.
That, as indicated in the tenth considering paragraph of the […] Order, the State
has complied with the obligation to:
a)
Organize a public act of acknowledgement of responsibility in relation to this
case, and to make a public apology to the victim’s next of kin (first operative paragraph,
subparagraph (b), of the Judgment of March 3, 2005);
∗
The President of the Court, Judge Diego García-Sayán, a Peruvian national, did not take part in the
examination and deliberation of this Order pursuant to Articles 19(2) of the Statute and 19(1) of the Court’s
Rules of Procedure.