4.
The Court deems it necessary to recall that, in exercising its powers of monitoring of
compliance, it requested the State on several occasions to, in accordance with the provisions
of operative paragraph 24 of the Judgment, file a report on the implementation of all
measures of reparation ordered in this case. Such requests were not carried out by Peru in
due time. The time period established for filing of the report lapsed on June 20, 2008, and it
was not until October 6, 2010, that Peru submitted a report in which it did not mention all
the measures of reparation, rather it mainly provided information about the tasks requested
by the Specialized Public Prosecutor’s Office of the Ministry of Justice to several authorities
or State agencies requesting information from them or asking them to undertake action
regarding compliance. Earlier, on August 3, 2007, and August 4, 2009, it referred to the
obligation to investigate, identify and, where appropriate, punish those responsible for the
facts, and it provided “certified copies of major procedural parts” in the 24-2006 proceeding.
Subsequently, on January 23, 2013, Peru submitted a report on compliance with the
Judgment, after multiple requirements and the establishment of new time periods by the
Court or its Presidency. 17 During the private hearing held on August 19, 2013, Peru
presented additional and complementary information, and it also provided a written report
submitted on September 24, 2013. While the Court appreciates the information provided by
the State, it also notes that the delay in submission constituted a breach of its duty to
inform, 18 and thus it has hampered the monitoring of compliance with the reparations
ordered in this case, and it has also denoted the delay in implementing them.
5.
Consequently, the Court will assess the information presented by the parties
regarding the various measures of reparation and the respective observations, and will
determine the State’s level of compliance. For this, the Court will take into account the
information it received during the 2013 year, as it is the most current information.
A. Obligation to investigate the facts that led to the violations in this case,
identify, and where applicable, punish those responsible (operative paragraph
8 of this Judgment)
A.1) Measure ordered by the Court
6.
In its Judgment, the Court declared Peru responsible for the violation of Articles 8(1)
and 25 of the Convention, in relation to Article 1(1) thereof, in relation to Articles 7(b) of the
Inter-American Convention on the Prevention, Punishment, and Eradication of Violence
against Women, and 1, 6 and 8 of the Inter-American Convention to Prevent and Punish
Torture, because the domestic proceedings that were carried out did not constitute effective
remedies to ensure access to justice within a reasonable period of time, and did not
encompass the criminal elucidation of the facts, investigation and, where appropriate,
17
By way of the notes from the Secretariat of the Court of November 5, 2008, February 2 and March 5, 2009,
pursuant to instructions by the Acting President of the Court in this case, the request was reiterated to the State
asking it to present its first report on monitoring of compliance with the Judgment. In the Order of April 28, 2009,
the Court ordered a new period for the State, until June 1, 2009 to file the mentioned report. Peru did not file the
required report. On August 4, 2009, the State filed information regarding its obligation to investigate. On August 3,
2010, a new, nonextendable, period was allotted, until October 3, 2010. In the Order of December 21, 2010, the
Acting President in this Case held that “the State has had an adequate and reasonable period of time to comply with
its obligation to prepare and file its first complete report on compliance with the Judgment, including two new
opportunities granted by the Court to submit them […]. Nevertheless, the State has not provided the information
that allows the Court to determine the state of compliance with the Judgment.”
18
Cf. Case of Yatama V. Nicaragua. Monitoring of Compliance with Judgment. Order of the Inter-American
Court of Human Rights of August 22, 2013, Considering clause 17, and Case of Castillo Páez V. Peru. Monitoring of
Compliance with Judgment. Order of the Inter-American Court of Human Rights November 26, 2013, Considering
clause 14.
6