8 a) two criminal proceedings are under way. One is in the trial phase and involves a number of defendants. The other is before the court of second instance, in this case the Special Criminal Chamber of the Supreme Court. That case is against former president Alberto Fujimori; his extradition from Japan is also being processed as part of this case; b) the financial compensation owed to the beneficiaries of victims Benedicta Yanque Churo and Tito Ricardo Ramírez Alberto has not been paid, despite the fact that back in April 2003 the respective “decisions of intestate succession” and the respective record of registration were filed with the Ministry of Justice. The Ministry reported that the record of registration was outdated because it is good for only three months. “These beneficiaries should not be expected to have to renew that record every three months simply because the State is negligent in complying with its duty under the Judgment.” It also pointed out that the State had asked them whether, “apart from the [persons] declared as the heirs in the aforementioned decisions” of intestate succession [of the deceased] Benedicta Yanque Churo and Tito Ricardo Ramírez Alberto, there were any other relatives; “they went so far as to ask for the names of [the deceased’s] siblings who, under […] the Peruvian Civil Code […] are not entitled to inherit when [the deceased] is survived by a parent.” The State’s contention was that because the siblings were not declared heirs, the State “cannot comply with the [respective] payment for fear of someone filing suit thereafter.” The CNDDHH pointed out that “the Ministry of Justice and its staff –who are attorneys- know the provisions of the Civil Code and know that no judge in the country would declare the siblings to be heirs”; c) concerning the establishment of the trust funds for the beneficiaries who are minors, the CNDDHH agreed with the FEDEPAZ’ contention (supra Having Seen 5.b). It also learned that “a Supreme Decree still needs to be issued wherein the Special Fund to Administer Monies Obtained from Corruption (FEDADOI) gives its authorization for the trust fund to be set up with the Banco de la Nación”; d) as for the educational benefits and the symbolic reparation, the CNDDHH agrees with the comments made by FEDEPAZ (supra Having Seen 5(c) and (d); and e) the State “supplied no information at all” on progress made toward the inclusion of “the most suitable legal classification” to define the crime of extra-judicial executions,” or on the signing and ratification of the International Convention on the Non-applicability of Statutory Limitations to War Crimes and Crimes against Humanity, and the development of criminal proceedings, points on which it concurred with FEDEPAZ (supra Having Seen 5(a), (e) and (f). 7. The June 14, 2004 brief wherein the Commission presented its comments on the State’s report (supra Having Seen 4) and pointed out that: a) the State did not report on the progress made in the investigation into the facts to determine the persons responsible for the violations, nor did it

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