6
State, three weeks ago the Judiciary dismissed “a motion to set aside filed by the
Peruvian State […]” Therefore, in the domestic system it is only disputed whether,
under the Code of Civil Procedure, the amounts paid should be applied firstly on
account of interest or on account of principal. The State also observed that, “as of
last year, a new Law governing the State’s legal defense is in force [in Peru,
according to which] the prosecutors are no longer under [an] absolute duty to
appeal against or challenge all procedural acts within a judicial process […]”
19.
Cesti-Hurtado stated that “[t]he Peruvian State did not act in good faith in
the execution of the [J]udgment or the payment of due reparations.” During the
private hearing (supra Having Seen clause No. 10,) the representatives of CestiHurtado pointed out that "upon the failure by the State to comply with is
obligations[, the victim] was forced to file a request for execution of the arbitral
award [..] on March 23, 2005 [..]" According to the representatives, “even though
is true that […] Cesti has collected part of the sums under the arbitral award,” the
execution process "is till pending." They further informed that an expert
examination on the amounts due was approved, so the representatives are “again
[involved in a process] of execution, requesting attachments.” They noted that it is
untrue that the controversy is only on the order in which interest and principal are
to be cancelled, because “pursuant to the domestic laws of Peru, first the costs
[associated with payment] are paid[, then] interest and [finally] principal." The
representatives also stated that Peruvian judges who passed orders granting
execution of the arbitral award were subject to harassment and reports aiming at
their punishment or dismissal. Furthermore, they noted that under the Peruvian
“Prosecutor’s Office Law” (Ley de Procuraduría) state prosecutors are required to
file "all types of motions" in order to halt the execution of judgments “ordering the
State to make any kind of payment." Based on the foregoing, they requested the
Court to notify all international credit organizations of the failure by the State to
comply with the Judgments of the Court, and to require the State to cancel
forthwith all due amounts and amend the “Prosecutor’s Office Law” (Ley de
Procuraduría) to avoid further delays in the “administration of justice.”
20.
During the private hearing (supra Having Seen clause No. 10,) the
Commission commented that the "parties agree in that there are amounts due" and
that "the judicial proceedings have been definitely closed" as to the payments to be
made. In this sense, it pointed out that, “it hopes that payments are made without
delay and that no major obstacles affect the execution proceedings, in
consideration of the fact that the Judgment on reparations was passed nine years
ago.”
21.
As the way in which this obligation has been partly performed is at issue
between the parties, the Court finds it convenient that the State submit a detailed
report on the measures adopted in this regard. Particularly, the Court looks forward
to relevant information allowing full knowledge of the decisions passed in the
domestic judicial system, including the amounts due, and any information on the
domestic rules and actions that have allegedly halted full compliance with this
obligation.
*
*
*
22.
As regards payment of interest on the amount of compensation for moral
damage (Operative paragraphs No. 2 and 3 of the Judgment on reparations,)
during the private hearing (supra Having Seen clause No. 10,) the State informed