6
deposited by the authorities investigating the case, the Court notes that it was never
restituted, but was lost or stolen while in judicial custody. This assumption is supported by the
allegations of the representatives and also by the evidence presented by the State, advising
that, on May 8, 1995, a prosecutor’s office ordered that the case file be forwarded to the acting
prosecutor because of “indications of a crime against the property (theft) of the Certificate of
Judicial Deposit of the National Bank No. […], dated April 18, 1989, for a total of
US$7,500.00.” The loss of this sum of money under the State’s custody has a direct causal
connection to the events of this case and, consequently, must be restituted. Therefore, if this
sum of money has not been returned already, the Court orders that it should be restituted to
Pelagia Mélida Contreras-Montoya de Cantoral, who may dispose of it as she sees fit.
22.
The Court considered it proved that the sum delivered to Saúl Cantoral Huamaní
by the Mining Federation was mislaid or stolen while in the custody of the State;
consequently, it should be restituted. Given that Saúl Cantoral Huamaní had this
amount in his possession when he was executed, the Court ordered that Pelagia Mélida
Contreras Montoya, Mr. Cantoral’s widow, who is a party to these proceedings, and not
an entity that is not a party to them such as the Mining Federation, should receive this
sum so that she could then “dispose of it as she considered pertinent.”
23.
Based on the above, the Court has determined the meaning and scope of the
provisions of paragraph 187 of the judgment on preliminary objection, merits,
reparations and costs in the instant case.
VI
REGARDING THE STATUS OF ELISA HUAMANÍ INFANZÓN
24.
In its application for interpretation, the State advised that, according to its
records, “Elisa Huamaní de Cantoral […] is alive; however, according to the judgment
of the Court, she is deceased. In this regard, […] the Court is requested to define her
actual status, since this aspect of the judgment could be incorrect.”
25.
The Inter-American Commission observed that, “as was proved before the Court
by pertinent documentary, testimonial and expert evidence, [Elisa Huamaní de
Cantoral] died on August 17, 1989; in other words, after her son’s extrajudicial
execution and, according to the testimony [given in this case], as a result of the
suffering caused by this fact.” The Commission “emphasized that the death certificate
that was forwarded was not contested while the case was being litigated before the
Court.” Therefore, the Commission concluded that, “since the scope and meaning of
the decision in paragraph 185 of the judgment are clear, the requested interpretation
is not admissible.”
26.
The representatives stated that “no interpretation is in order regarding the
status of beneficiary of Elisa Huamaní Infanzón.” They also indicated that they “sent
the death certificate of Elisa Huamaní Infanzón to the Court, and it shows that she died
on August 17, 1989; that is six months after the death of Saúl Cantoral. This
documentation was submitted to the Court by the victims’ representatives as helpful
evidence, together with the written arguments presented in a communication dated
February 23, 2007. This fact was also mentioned by Ulises Cantoral Huamaní at the
public hearing held in the instant case.” Accordingly, they considered that the State’s
argument “constituted a questioning of a decision taken by the Court […], and is thus
incompatible with the purpose of the application for interpretation of judgment.”
27.
Regarding the matter questioned by the State - that the information about the
death of the mother of Saúl Cantoral Huamaní could “be erroneous” - the Court
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