10
THE COURT
DECIDES:
unanimously,
1.
That it endorses, in the terms spelled out in this Judgment, the reparations
agreement that the State and the victims’ next of kin and their legal representatives
concluded on November 26, 2001.
2.
That the State shall pay the sum of US$125,000.00 (one hundred twenty-five
thousand United States dollars) to Virginia Bonifacia Ugarte Rivera de Durand and
Nolberto Durand Vargas, parents of Nolberto Durand Ugarte and sister and brotherin-law, respectively, of Gabriel Pablo Ugarte Rivera. To that end, it shall adopt the
measures necessary to pay a portion of the compensation during the course of this
fiscal year or, failing that, make full payment of the pecuniary damages during the
second quarter of fiscal year 2002, pursuant to paragraphs 32, 33 and 34 of the
present Judgment. The sum will be divided and disbursed in equal shares to the
beneficiaries.
3.
That the State shall provide to the beneficiaries of the reparations with health
services, psychological support, interpersonal development services and assistance
with construction of a residence, as detailed in paragraphs 36, 37, 38 and 40 of this
Judgment.
4.
That pursuant to paragraphs 39 and 40 of the present Judgment, the State
shall make the following non-pecuniary reparations:
a)
b)
c)
d)
publish the Court’s August 16, 2000 Judgment in the Official Gazette El
Peruano and circulate its contents via such other media as deemed
appropriate for that purpose, within the 30 days following the signing
of the agreement;
include in the executive decree ordering publication of the agreement,
“a public apology to the victims for the grievous injuries caused” and
confirmation of the State’s resolve that events of this nature shall
never recur;
investigate and punish those responsible for the events, pursuant to
operative paragraph seven of the Court’s August 16, 2000 Judgment
on the merits, and prosecute the investigation instituted through
Lima’s 41st Criminal Prosecutor’s Office for the murder of 30 persons,
among them Nolberto Durand Ugarte and Gabriel Pablo Ugarte Rivera;
and
take concrete measures to locate and identify the mortal remains of
Nolberto Durand Ugarte and Gabriel Pablo Ugarte Rivera and deliver
them to their next of kin, pursuant to operative paragraph seven of
the Court’s August 16, 2000 Judgment on the merits.
5.
That within six months of the date of notification of the present Judgment, the
State shall submit to the Inter-American Court of Human Rights a report on
performance of its reparations obligations.