8
34.
The Court would add the following stipulation: if, for any reason, the
beneficiaries of the compensation are unable to claim it in person, the State shall,
within six months, place the required amounts in United States dollars, in a
certificate of deposit or account in the name of the beneficiaries or their legal heirs,
with a solvent and secure financial institution, under the most favorable financial
terms that banking law and practice allow.
VII
OTHER FORMS OF REPARATION
35.
In addition to pecuniary compensation, the State pledged to make reparations
of other kinds to the victims’ next of kin.
36.
Under clause eight, titled “Health Benefits,” the State undertook to cover,
through the Ministry of Health, the costs associated with the health services that the
corresponding health care centers provide to the beneficiaries, including the cost of
medications. This obligation will endure for the life of the beneficiaries and take
effect as of the date the agreement is signed.
37.
Clause nine of the agreement –titled “Services for psychological support and
interpersonal growth and development”- provides that “the State will enroll the
beneficiaries in any programs currently being offered under the Emergency Zones’
Resettlement and Development Assistance Plan -run by the Ministry for the
Advancement of Women and Human Development (PROMUDEH)- whose services the
beneficiaries may require.”
38.
Under clause ten –titled “Assistance with residential construction”-, the State,
through the Social Assistance Fund [Fondo de Apoyo Social (FONAS)] of the
Materials Stockpile of the Ministry of the Presidency and in accordance with the
provisions of Law 27205 and the rules and procedures established for that purpose,
undertakes to pay a portion of the construction cost of the residence of the
beneficiaries of the reparations, located at Jirón Hanancusco N. 942, Tahuantinsuyo
Sector, Zone Four, Independencia District, Lima.
39.
In its second, fourth and fifth clauses, the agreement spells out other forms
of reparations that the State undertakes, involving measures of satisfaction and
guarantees of non-repetition. They are:
a)
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;
b)
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;
and 121; and The “White Van” Case (Paniagua Morales et al. v. Guatemala). Reparations. supra note 3,
paragraphs 225, 226 and 227.