46
138.
In this respect, the Court refers to the decision made in the chapter
related to Article 25(1) and 25(2) (c) of the Convention, as well as Article 21(1)
and 21(2) therein in which it was established that the extended and unjustified
nonobservance of the rulings of the Constitutional Court have generated a
violation of the rights to judicial protection and property of the 273 victims in the
case at hand (supra paras. 79 to 91), a situation that would not have happened if
said rulings had been promptly and fully complied with. As a consequence, this
Tribunal orders full compliance with said rulings, in the understanding that they
embody the state obligation to reimburse the amounts owed and unpaid to the
victims from April 1993 to October 2002, on application of the domestic
legislation referred to the execution of judicial rulings and fully respecting and
guaranteeing the victims' right to the corresponding payment within a reasonable
time, considering that more than 11 and 8 years have elapsed since the delivery
of the first and last ruling of the Constitutional Court, respectively.
139.
As to the application of Law No. 28046 of July 31, 2003, this Tribunal
considers that the amounts to be assigned as a consequence of the enforcement
of this Judgment, including the interest, may not be affected by current or future
tax purposes
ii.
Publication of the Judgment of the Court, public acknowledgement
of the State’s international responsibility and adoption and implementation
of a public policy or mechanism to ensure compliance with judicial
decisions
140.
As part of the “integral reparation”, the representative further
requested: 1) the publication of the facts established in the case and the
operative paragraphs of the judgment delivered by the Court in the official
gazette, El Perúano, and in another national newspaper with widespread
circulation; 2) public acknowledgement of the State’s international responsibility
and a public apology for failing to comply with the judgments of the Constitutional
Court, by means of a public letter, document, or announcement disseminated
using, at leas, two newspapers with widespread circulation in Perú, the text of
which must be previously coordinated with the Association; and 3) adoption and
implementation of a public policy or mechanism to ensure compliance with
judicial decisions in Perú.
141.
The Court deems appropriate, as ordered in other cases,112 as a
measure of satisfaction, that the State must publish, at least once, in the Official
Gazette and in another newspaper of wide national circulation, paragraphs 2 to 5,
17, 19, 52, 53, 61, 65, 69 to 79, 84 to 91, 104 to 107 and 113 of this Judgment,
without the corresponding footnotes and with the titles of the respective chapter,
as well as the operative paragraphs therein. Said publications shall be made
within six months following notice of this Judgment.
142.
As to the other two measures requested (supra para. 140) the Tribunal
deems it is not relevant to order them to repair the violations verified in the case
at hand. In this sense, the Court considers that rendering this Judgment and
112
Cf. Case of Barrios Altos V. Perú. Reparations and Costs. Judgment of November 30, 2001.
Series C No. 87, Operative Paragraph 5(d); Case of Kawas Fernández, supra note 13, para. 199; and
Case of Perozo et al., supra note 13, para. 415.