framework of the proceeding regarding compensation in case file 11891-2010, 66 noting that five of the victims” are not the same people who were identified in the [J]udgment.” That communication shows the name entered in the Judgment and then the name of the individual “[n]amed in the order,” respectively, as follows: Luis Villanueva Rosales, instead of Luis Orlando Villanueva Rosales; Delia Taquiri Yanqui, instead of Delia Natividad Taquiri Yanqui; Arturo Agüero Garamendi, instead of Arturo Carlos Agüero Garamendi; Danielo Blanco Cabeza, instead of Danilo Deciderio Blanco Cabeza, and Osman Morote Barrionuevo, instead of Osman Roberto Morote Barrionuevo. Also, in that communication, the Public Prosecutor seeks “a declaration of the inability to enforce the Judgment as to such persons” and adds as grounds, inter alia, that “the abovementioned people have not been fully identified” and “safeguards [the] legitimate right to due process, considering that the judgments of [the] [Inter-American] Court are of exclusive jurisdiction under the provisions of Art. 30 [...] of the Rules of Procedure of the Inter-American Court.” 75. The Court notes the information presented by the common intervener and requested that the State report if indeed it would exclude victims from its compliance with this measure of reparation due to differences that, if the assertions of the common intervener are true, are not decisive regarding the identification of victims. 76. Based on the foregoing, the Court notes that “implementing legal proceedings to comply with the measures of reparation has caused the victims or their next of kin to go through a judicial process that has unduly delayed them from receiving compensation for pecuniary and non-pecuniary damage. It has been over six years since the expiration of the 18 months given to the State to implement the measure, without Peru complying with any payment of compensation. Through judicial means, Peru has not resolved some of the requests that have been made. This delay is particularly serious, especially after the alleged availability of “an approved budget [...] for the payment of compensation to be made." (supra Considering clauses 68 and 70). 77. Finally, the Court notes that Peru claims that a large number of surviving victims and next of kin of the unidentified victims in the Judgment may have submitted requests after the expiration of the eight months allotted for submission, which for the State, “expired without fail on September 5, 2007” and that the State declared those requests “inadmissible.” The Court considers as valid the arguments presented by the common interveners (supra Considering clauses 67 to 69) to request that Peru be more flexible regarding the acceptance of requests by the surviving victims and their next of kin and the corresponding evidence, especially since after notice of the Judgment, Peru did not communicate in a clear and comprehensive manner to the victims what the mechanism or procedure would be for implementing the measure and which authorities would be responsible for doing so. In this sense, Peru must accept all the requests made by the surviving victims to determine the category of disability in accordance with paragraphs 425 and 433(c) paragraphs (i) to (vi) of the Judgment, as well as of the next of kin of the unidentified victims in the Judgment, even those presented after September 5, 2007. 78. The Court considers that Peru proceed immediately and directly with payment of compensation to all individuals whose circumstance does not require a determination by the domestic authorities and, in the case of those whose intervention is required, that it implement the necessary steps in order for this to occur as soon as possible and no later 66 Request of August 26, 2010, signed by the Public Prosecutor of the Public Prosecutor’s Office addressed to the Specialized Court on the Execution of Supranational Judgments (brief filed by the common intervenor Douglass Cassel on March 18, 2013, annex IV, case file of Monitoring of Compliance with Judgment, tome IV, folios 2010 to 2013). 32

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents