8
and in consideration of the fact that four years have passed since this Tribunal ordered that
the consequences of their dismissal be determined.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authorities and pursuant to articles 63(2), 67, and 16(1) of the American
Convention, 12(3) and 30 of its Statute, and 5, 19, 27, 31, and 69(4) of its Rules of
Procedure,
DECLARES:
1.
That it shall keep open the proceeding for monitoring compliance with the points
pending full observance, those being:
a)
to guarantee the 257 victims access to a simple, rapid, and effective remedy,
for which a process shall be concluded as soon as possible setting up an independent
and impartial organ with authority to issue binding and definitive rulings on whether
these individuals were dismissed properly and with justification from the Congress of
the Republic or, should the opposite be the case, to determine and establish the
corresponding legal consequences, including, where applicable, due compensation
based on the specific circumstances of each individual, as soon as possible (operative
paragraph 4 of the Judgment and paragraphs 148, 149, and 155 of the judgment),
and
b)
to immediately pay the quantity awarded to the 257 victims as compensation
for non-pecuniary damages (fifth operative paragraphs of the Judgment and
paragraphs 151, 156 and 158 to 161).
AND DECIDES TO:
1.
Require the State of Peru to adopt all the measures necessary to promptly and
effectively comply with the points still pending compliance in the Judgment on preliminary
objections, merits, reparations, and costs handed down in the case of the Dismissed
Employees of the Congress of the Republic, indicated in operative paragraph 1.
2.
Dismiss the request for provisional measures submitted by Mr. Adolfo Fernández
Saré and other persons in the terms indicated in Considering clause 22 of this Order.
3.
Order the State of Peru to submit to the Inter-American Court of Human Rights a
report stating all the measures adopted to comply with all the reparations ordered by the
Court that are still pending compliance, and to do so no later than March 30, 2011.
4.
Order the common interveners of the representatives of the victims and the InterAmerican Commission on Human Rights to submit any pertinent comments on the State
report mentioned in the preceding operative paragraph, within two and four weeks,
respectively, from the receipt of said report
5.
Order the State to continue reporting, subsequent to the presentation of the report
ordered in the fourth operative paragraph, to the Court every three months on the
measures adopted toward complying with the reparations ordered.