13
19.
That the State has not satisfied this Court that it has adopted the necessary
steps to pay Mr. Cesti-Hurtado the total amount owed to him in full and complete
satisfaction of pecuniary damages and interest thereon.
20.
That upon monitoring full compliance with the Judgments on the merits and on
reparations delivered in the instant case, and after examining the information provided
by the State (supra Having Seen clauses No. 6, 8, 12, 14, 19 and 22) by the victim
and his representative (supra Having Seen clauses No. 7, 10, 11, 13, 16, 21, 23, 28
and 31) and by the Inter-American Commission (supra Having Seen clauses No. 9, 15,
17, 20, 24 and 30), the Court notes that, after two years from the Court’s Order of
November 17, 2004 (supra Having Seen No. 5), the State has not reported any
concrete and significant progress in the performance of the obligations identified in
said Order as unfulfilled. Thus, the Inter-American Court still has no information about
the effective compliance with the following obligations:
a)
payment of interest on the compensation for moral damage (Operative
Paragraphs number 2, 3, 4, and 6 of the Judgment on reparations of
May 31, 2001);
b)
investigation of the facts surrounding this case and punishment of the
perpetrators (Operative Paragraph number 5 of the Judgment on
reparations of May 31, 2001);
c)
payment of pecuniary damages (Operative paragraph number 1 of the
Judgment on reparations of May 31, 2001), and
d)
annulment of the military proceedings and all legal effects resulting
therefrom (Operative Paragraph number 8 of the Judgment of
September 29, 1999).
21.
That the obligations remaining unfulfilled must be complied with by the State as
soon as possible. Therefore, it is necessary that Peru submit a report on the obligations
remaining unfulfilled, as specified by the Court, and that afterwards, the victim or his
representative as well as the Inter-American Commission submit their comments to
the State’s report.
THEREFORE,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of its authority to monitor compliance with its own decisions pursuant to
Articles 33, 62(1), 62(3), 65, 67 and 68(1) of the American Convention on Human
Rights, and Articles 25(1) and 30 of its Statute and 29(2) of its Rules of Procedure,
DECLARES:
1.
That it will keep the proceedings open to monitor compliance with the following
points, namely:
a)
payment of interest on the amount of compensation for moral damage;
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