9
publicize the findings of those investigations. The Commission therefore
asked the Court to call upon the State to provide that information;
b)
the compensation ordered for the beneficiaries of Benedicta Yanque
Churo and Mr. Tito Ricardo Ramírez Alberto has not been paid;
c)
the State provided no information concerning payment of the
compensation ordered for Mr. Martín León Lunazco, son of victim Máximo
León León;
d)
the State has not provided exact information as to the establishment
of the trust funds ordered for the beneficiaries of the reparations who are
minors. The State must immediately deposit, in the Banco de la Nación, the
compensation owed to beneficiaries who are minors. It must also deposit any
interest earned on that compensation and the accrued delinquency interest;
e)
in the case of the health and education benefits, the Commission
acknowledges the State’s gestures regarding its intention to pay the medical
expenses of the victims and their beneficiaries and regarding educational
benefits. It noted, however, that the petitioners contend that the State has
not recently reported who the beneficiaries of the educational measures are
or on the actions it has taken since 2003;
f)
concerning the symbolic reparation, the State could be more specific
as to when the agreed upon “memorial” will be erected and the
commemorative image crafted, as “compliance with this obligation is not
open-ended; instead, the symbolic reparation must materialize within a
reasonable time period, no more than two years from the date on which the
Judgment on reparations was delivered”; and
g)
the State did not provide any information on the progress made
toward the inclusion of “the most suitable legal classification” to define the
crime of extra-judicial executions, or on progress made toward 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, on publication of the Court’s Judgment in the Official Gazette El
Peruano and dissemination of its content via other media, inclusion of the
Supreme Resolution ordering publication of the agreement on reparations, a
public apology to the victims for the terrible harm caused, ratification of its
determination that such events will never again happen, and application of
what the Court ordered in its Judgment interpreting the Judgment on merits,
and
CONSIDERING THAT:
1.
Oversight for compliance with its decisions is an authority inherent in the
Court’s jurisdictional functions.
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