4
1.
To hold, in accordance with the principle pacta sunt servanda, and in conformity
with the provisions of Article 68(1) of the American Convention on Human Rights, that
the State has a duty to comply promptly with the November 27, 1998, judgment on
reparations rendered by the Inter-American Court of Human Rights in the Loayza
Tamayo case.
[…]
11.
The brief of the victim’s representatives of December 24, 2000, providing
information on the measures taken to ensure that the State complied with the
judgment and requesting the Court: 1) “to request information on compliance with
[the] judgment from the Peruvian State,” 2) [s]hould the judgment not have been
complied with, “to request the Peruvian State to grant sufficient guarantees [for
compliance within] a short period,” 3) that “the sums of money in favor of Mrs.
Loayza […]” should be made available to the victim, and 4) to order that the
amounts be adjusted owing to the time that had elapsed.
12.
The brief of the victim’s representatives of December 30, 2000, in which they
insisted on “[t]he requirement [that, in this case, the representatives have had to
take] measures [...] [such as] communications with the Ombudsman, the Ministry of
Foreign Affairs and the Minister of Justice, when, in other cases [...] being processed
by the Commission [...] and by [the] Court, the Government of the State of Peru
ha[d] not required the ‘victims’ to take any measures” in order to comply with
judgments, and expressed “their surprise for this unequal treatment.”
13.
The report of the State of February 16, 2001, in which it advised that the
Minister of Justice, “taking into account the provisions of Legislative Resolution No.
27401, by which the Peruvian State re-establishe[d] fully the contentious jurisdiction
of the Inter-American Court of Human Rights […], ha[d] communicated with both the
Office of the Attorney General and the Ministry of Economy and Finance so that,
within their respective jurisdictions, they would adopt measures leading to
compliance with the said judgment.”
14.
The reports of the State of April 6 and 17, 2001, in which it presented
information related to compliance with the decisions of the Inter-American Court and
indicated that the State acknowledged “the validity and enforceability of the
judgments [...] delivered by the Court’ and stated that it had been “adopting the
necessary actions to comply with the jurisdictional decisions adopted by this supranational body.”
15.
The report of the State of April 27, 2001, presenting information on
compliance with the decisions of the Court, in which it described how the State’s
international obligations were distributed by ministries and departments, according
to the specific issue.
16.
The Order on compliance that the Court issued on June 1, 2001, in the
Castillo Páez, Loayza Tamayo, Castillo Petruzzi et al., Ivcher Bronstein and
Constitutional Court cases, in which it decided:
1.
To take note of the compliance by the State of Peru with the judgments on
competence of September 24, 1999, in the Constitutional Court and Ivcher Bronstein
cases and of the progress made, up until the date that this order was issued, in
compliance with the judgments delivered by the Court in the Castillo Páez, Loayza
Tamayo, Castillo Petruzzi et al., Ivcher Bronstein and Constitutional Court cases.
[…]
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