13
g) Regarding the obligation to pay the remainder of the amounts awarded in
the Judgment (Operative Paragraph 13, 14 and 15 of the Judgment).
38.
The State reported that in 2010 it paid USD 125,000 in compensation to Ana María
Gómez and that on February 23, 2011, it made a “legal appropriation” for the minor Rodrigo
Esteban Palomino for USD 30,000 “so that either his legal guardian may withdraw the funds
or to provide for some special protective measure in the event of a judicial decree to that
effect.” The State presented a copy of these payments. It also reported that the only
payment outstanding was one for USD 60,000 “for Ms. Victoria Palomino.” Concerning this
payment, the State remarked that “arrangements are being made so that the revenue
obtained from Anti-Corruption Prosecutors’ Offices and from the Fujimori and Montesinos
cases are allocated to the different proceedings” in order to pay the pending payment.
39.
The representatives indicated that the payment was actually paid to Ana María
Gómez Guevara. However, they expressed their concern regarding “requests made by
[bank] officials regarding the origin of these funds.” Concerning the legal appropriation for
the minor Rodrigo Esteban Palomino Buitrón, the representatives noted that the State’s
information “does not account for the existence of an order from [the aforementioned]
Court [...], acknowledging that this payment was authorized by the Ministry of Justice.”
Thus, they opined that “[this] obligation will not be fulfilled so long as the guardian or legal
representative has not had the chance to recover the corresponding payment.” They further
maintained that since the period allotted by the Court to pay compensation to Ana María
Gómez Guevara and Rodrigo Esteban Palomino Buitrón had expired, “resulting overdue
interest charges must also be paid.” Finally, the representatives noted that “part of the
compensation ordered for Victoria Margarita Palomino Buitrón still remains unpaid.”
40.
The Commission is of the view that the State must make full payment of the
interests accrued on Ms. Ana María Gómez Guevara’s compensation. Regarding the payment
for Ms. Victoria Margarita Palomino Buitrón and the payment request made by the legal
representative of Rodrigo Esteban Palomino Buitrón, the Commission awaits the timely
conclusion of any administrative maneuvers still outstanding.
41.
In this Court’s Order of July 1, 2009, (supra Having Seen 3) it heard evidence from
the parties and found the present reparations to have been partially fulfilled. Concerning the
documentation provided by the State at a later date, the Tribunal affirms that the
appropriate payments for pecuniary damage, non-pecuniary damage and legal costs and
expenses had been made to Victoria Margarita Palomino Buitrón, María Dolores Gómez
Palomino, Luzmila Sotelo Gómez Palomino, Emiliano Palomino Buitrón, Mónica Palomino
Buitrón, Margarita Palomino Buitrón, Rosa Palomino Buitrón and Esmila Liliana Conislla
Cárdenas.
42.
The State also reported on the payment made to Ana María Gómez Guevara.
Concerning the legal appropriation for the minor Rodrigo Esteban Palomino Buitrón, son of
Ms. Mercedes Palomino Buitrón, the Court continues to await information regarding its
approval and the eventual delivery of that sum by the minor’s legal guardian or his legal
representative.