7
VI
PECUNIARY REPARATIONS
28.
In the reparations agreement, under the heading of “Economic
compensation,” the State pledges to 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. The agreement also stipulates that the amount
shall “constitute the single payment that the State will make, either directly or
indirectly, to the beneficiaries of the compensation owed as a result of the judgment
of August 16, 2000,” delivered by the Inter-American Court. It also states that with
the signing of the agreement, “the victims’ legal heirs and their representatives
expressly waive any right to bring judicial or extrajudicial action against the State
seeking an additional sum.” Moreover, under the agreement Peru reserves the right
to bring its own action against those convicted of the material facts in the instant
case, in order to recover the monies it has paid in damages, all in accordance with
the applicable law.
29.
As to the manner of payment, under clause seven of the agreement the
parties thereto agree that the State will begin the steps necessary to effect partial
payment within the current fiscal year; should no payment be possible in this fiscal
year, it will incorporate the amount specified in the pecuniary damages clause, into
the General Budget of the Republic for Fiscal Year 2002. Payment shall be effected
during the second quarter of that fiscal year, in accordance with the corresponding
budgetary appropriation, and shall be made directly and jointly to both beneficiaries
of the reparations.
30.
That very same clause of the agreement stipulates that the specified sum
(supra paragraph 29) shall not be subject to any existing or future tax.
31.
Finally, clause seven of the agreement also stipulates that “[o]nce the period
for payment […] has expired, the State shall be in default and shall be required to
pay the interest set by the Banco Central de Reserva to compensate for obligations
in default.”
*
*
*
32.
The Court is endorsing the terms of the agreement as regards the pecuniary
compensation agreed upon as one form of compensation for the damages caused,
and considers that they constitute a positive step on Peru’s part toward good faith
compliance with its obligations under international conventions. The appropriate
course of action is for the State to take the necessary steps to effect payment of a
portion of the compensation during the present fiscal period or, failing that, to pay
the full compensation owed in the second quarter of fiscal year 2002, as the parties
agreed.
33.
The Court also endorses the terms agreed upon with regard to the method to
be used to pay the pecuniary damages specified in the agreement, which terms are
consistent with the Court’s case law.5
5
Cf. Cesti Hurtado Case. Reparations, supra note 2, paragraphs 76, 77 and 78; “The Street
Children” Case (Villagrán Morales et al. v. Guatemala). Reparations, supra note 2, paragraphs 119, 120