4
and applied in a manner that ensures that the right protected is truly practical and
effective, taking into account the special nature of human rights treaties.3
7.
The States Party to the Convention that have accepted the adjudicatory
jurisdiction of the Court have the duty to obey the obligations established by the
Court. In this regard, Peru must take such steps as may be necessary to comply with
the orders issued by the Court in the January 31, 2001 Judgment (supra Having
Seen 1).
8.
In the process of overseeing comprehensive compliance with the January 31,
2001 Judgment, and after analyzing the documents supplied by the State, by the
representatives of the victim and by the Commission in their briefs on compliance
with reparations (supra Having Seen 3, 5 and 6), the Court notes that it does not
have sufficient information on the following points currently pending compliance:
f)
The current status of the investigations to identify and punish the
persons responsible for the human rights violations committed against
the victims in the case (operative paragraph four of the January 31,
2001 Judgment); and
g)
Payment of the back pay and other benefits due, according to
domestic legislation, to Manuel Aguirre Roca, Guillermo Rey Terry and
Delia Revoredo Marsano (operative paragraph five of the January 31,
2001 Judgment).
9.
This Court has asserted that the State that is found responsible and is in
arrears regarding payment of the compensation ordered by the Court must pay
interest on the amount owed.4 It is an obligation of the State found responsible to
pay the compensation ordered by the Court within the term set for this purpose, and
non-compliance with this obligation entails consequences for the State. When it
pays after the deadline, the State incurs the obligation to pay interest on the amount
owed, so as to maintain the value of the compensation and ensure that that said
amounts retain their purchasing power. The Court has declared that the States have
said obligation to pay interest even when the judgment in which the Court ordered
the reparations did not explicitly state said obligation.5
3
See Matters of: Liliana Ortega et al., Luisiana Ríos et al., Luis Uzcátegui, Marta Colomina and
Liliana Velásquez. Provisional Measures. May 4, 2004 Order of the Inter-American Court of Human Rights,
Whereas twelve; Case of Baena-Ricardo et al.. Competence, supra note 1, para. 66; Case of Constantine
et al.. Preliminary Objections. September 1, 2001 Judgment. Series C No. 82, para. 74; Case of Benjamin
et al.. Preliminary Objections. September 1, 2001 Judgment. Series C No. 81, para. 74; Case of Hilaire.
Preliminary Objections. September 1, 2001 Judgment. Series C No. 80, para. 83; Case of the
Constitutional Court. Competence. September 24, 1999 Judgment. Series C No. 55, para. 36; and Case of
Ivcher-Bronstein. Competence. September 24, 1999 Judgment. Series C No. 54, para. 37. Also see, inter
alia, Case of the “Juvenile Reeducation of Institute”. September 2, 2004 Judgment. Series C No. 112,
para. 205; Case of the Gómez-Paquiyauri Brothers. July 8, 2004 Judgment. Series C No. 110, paras. 150
and 151; and Case of Bulacio. September 18, 2003 Judgment. Series C No. 100, para. 142. Likewise, see
Klass and others v. Germany, (Merits) Judgment of 6 September 1978, ECHR, Series A no. 28, para. 34;
and Permanent Court of Arbitration, Dutch-Portuguese Boundaries on the Island of Timor, Arbitral Award
of June 25, 1914.
4
See Case of Tibi. September 7, 2004 Judgment. Series C No. 114, para. 278; Case of the
“Juvenile Reeducation Institute”, supra note 3, para. 338; and Case of Ricardo Canese. August 31, 2004
Judgment. Series C No. 111, para. 221.
5
See Case of Baena-Ricardo et al.. Compliance with Judgment. November 22, 2002 Order of the
Court, Whereas 12; Case of Velásquez-Rodríguez. Interpretation of the Judgment on Compensation (Art.
67 American Convention on Human Rights). August 17, 1990 Judgment. Series C No. 9, para. 40,
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