7
that it would provide the Court with the documents containing the calculations
made in the domestic system relative to default interest pending payment.
23.
Cesti-Hurtado informed that, “no sum has been paid […] as default and legal
interest, for the sum determined […] as moral damage.” During the private hearing
(supra Having Seen No. 10,) the representatives of Cesti-Hurtado failed to
specifically address the issue of interest for moral damage pending payment.
24.
The Commission referred to “the lack of information allowing
acknowledgement of effective payment.” During the private hearing held in the
instant case (supra Having Seen clause No. 10,) the Commission noted that the
State “referred in general terms” to the payment of due interest for moral damage.
25.
The Court looks forward to comprehensive and detailed information that
may allow the proper monitoring of compliance with this paragraph. It is imperative
that, in particular, the State furnishes information on the accrued interest on the
amount of compensation for moral damage.
THEREFORE,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
exercising its power to monitor compliance with its judgments, 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 its Statutes and 31(2) and 69 of its Rules of Procedure,
DECLARES:
1.
That it will keep open the procedure to monitor compliance with the
obligations not yet fully complied with, specifically:
a) annulment of the military proceedings and the effects resulting
therefrom (Operative paragraph No. 8 of the Judgment on the merits
and Operative paragraphs No. 2 and 3 of the Judgment regarding
interpretation of the judgment on the merits;)
d) investigation of the facts surrounding this case and punishment of
the perpetrators (Operative paragraph No. 5 of the Judgment on
reparations;)
c) payment of pecuniary damages (Operative paragraphs No. 1 of the
Judgment on reparations and Operative paragraph No. 3 of the
Judgment regarding the interpretation of the judgment on
reparations,) and
d) payment of interest on the amount of compensation for moral
damage (Operative paragraphs No. 2 and 3 of the Judgment on
reparations.)
AND DECIDES:
1.
To call upon the State of Peru to adopt all necessary measures to comply
promptly and effectively with the paragraphs pending compliance mentioned in