ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF SEPTEMBER 22, 2006•
CASE OF HUILCA-TECSE V. PERU
MONITORING COMPLIANCE WITH JUDGMENT
HAVING SEEN:
1.
The Judgment on the merits, reparations and costs delivered on March 3,
2005 (hereinafter “the Judgment”) by the Inter-American Court of Human Rights
(hereinafter “the Court” or “the Inter-American Court”), whereby it:
DECID[ED]:
unanimously,
1.
To admit the State’s acquiescence of September 7, 2004, in the terms of
paragraphs 63, 79 and 83 of [the] Judgment.
2.
To endorse partially the agreement on the methods and time limits for
complying with the reparations signed on December 6, 2004, between the State and the
representatives of the victim and his next of kin, in the terms of paragraphs 40 to 58,
92, 95, 100, 111 to 116, 118 and 119 of the […] Judgment.
DECLAR[ED]:
unanimously that:
1.
The dispute relating to the facts that gave rise to this case ha[d] ceased.
According to the terms of the State’s acquiescence, the latter violated the rights
2.
embodied in Articles 4(1) (Right to Life) and 16 (Freedom of Association) of the
American Convention on Human Rights, and failed to comply with the obligation
established in Article 1(1) (Obligation to Respect Rights) thereof, to the detriment of
Pedro Huilca Tecse, in the terms of paragraphs 64 to 79 of the […] Judgment.
3.
According to the terms of the State’s acquiescence, the latter violated the rights
embodied in Articles 8 (Right to Fair Trial) and 25 (Judicial Protection) of the American
Convention on Human Rights, and failed to comply with the obligation established in
Article 1(1) (Obligation to Respect Rights) thereof, to the detriment of the following next
of kin of Pedro Huilca Tecse: Martha Flores Gutiérrez, the victim’s companion; his
children, Pedro Humberto Huilca Gutiérrez, Flor de María Huilca Gutiérrez, Katiuska
Tatiana Huilca Gutiérrez, José Carlos Huilca Flores, and Indira Isabel Huilca Flores, and
also of Julio César Escobar Flores, the victim’s stepson and son of Martha Flores
Gutiérrez, in the terms of paragraphs 80 to 83 of [the] Judgment.
[…]
AND ORDER[ED]:
unanimously, that:
•
Judge Oliver Jackman did not take part in the deliberations on and signing of this Order as he
advised the Court that, for reasons beyond his control, he would be unable to be present at the Seventysecond Regular Session of the Court.
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