5
e)
regarding the duty to grant a scholarship in favor of Nora Emely
Gómez Peralta until she reaches university studies and to facilitate her
registry as daughter of Rafael Samuel Gómez Paquiyauri, “all Peruvians
wanting to further their education have the right to so proceed, and there is
no limitation” to it. Furthermore, the State requested that the Court clarify the
fact whether the State’s obligation comprised the granting of a scholarship for
university studies. Regarding the change in name of the minor Nora Emely,
the State pointed out that it can facilitate, but not perform, all the processes
and filings, as her relatives themselves have to perform some of such acts;
and
f)
regarding the obligation to pay the victims’ next of kin an amount as
compensation for pecuniary and non-pecuniary damages, including the
deposit of compensation in favor of Nora Emely Gómez Peralta in a bank
investment, as well as costs and expenses, the State had complied with said
obligation by making payments in the national legal tender. The State
reported that the victim’s next of kin had waived their right to interest
accrued as a result of the delay in payment of said sums.
4.
The communication statements presented by Ms. Mónica Feria Tinta, the
former representative of the victims and their next of kin, dated January 20, 2006;
January 23, 2006; February 27, 2006; and March 2, 2006; whereby she stated that:
a)
Under an agreement signed on August 20, 2004, Ricardo Samuel
Gómez Quispe and Marcelina Paquiyauri Illanes de Gómez, in the name and
stead of the other victims’ next of kin, they had undertaken to deliver to Ms.
Feria Tinta the sum of US$30,000 dollars, payment of which was ordered in
the Judgment as expenses and costs, as refund for the expenses incurred by
said representative. In said agreement, they also undertook to pay an
additional sum of US$148,000 as expenses and representative’s fees in
connection with the lawsuit. The Gómez Paquiyauri had already paid
US$30,000 ordered by the Court, but had not paid the additional sum of
US$148,000, under the agreement of August 20, 2004. Therefore, she
requested that the Court take part in this dispute; and
b)
In December 2005, the State had made pull payment of the
compensation ordered by the Court, as well as payment of costs and
expenses.
5.
The communication presented by Ms. Marcelina Paquiyauri de Gómez and Mr.
Ricardo Samuel Gómez Quispe, on May 4, 2006; wherein they reported that the
Gómez Paquiyauri family had granted a power of attorney to Douglass Cassel, Esq.,
and Sean O’Brien, Esq., appointing them to act and appear before the Court in any
matter relating to this issue.
6.
The communication submitted by the current representatives of the Gómez
Paquiyauri family —Mr. Douglass Cassel and Sean O’Brien— on August 2, 2006,
wherein they requested that the Court —on the basis of the powers inherent in its
jurisdiction to monitor compliance with its judgments […] issue instructions for the
defense of the victims in the Case of Gómez Paquiyauri, who are facing a complaint
filed with the Inter-American Court by their prior attorney seeking payment in her
favor of an additional amount of US$148,000, plus damages for US$7,000, although
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