37.
Based on the information provided by the parties, the Court concludes that the
State has complied fully with the payments corresponding to the compensation for
pecuniary damage as well as the reimbursement of costs and expenses. Regarding
non-pecuniary damage, the State has complied also with full payment of monetary
compensation, with the exception of the compensation corresponding to the
construction of the house.
38.
In addition to the payment of compensation and the reimbursement of costs
and expenses, the said operative paragraph stipulated, in accordance with paragraph
132 of the judgment, that the State, as an additional measure of reparation, must
build a house for the parents of the victim, the value of which will be considered part
of the non-pecuniary compensation awarded to Honoria Estrada de Ticona and César
Ticona Olivares. In this regard, the State advised that, after both the State and the
representatives had consulted the Court regarding the implementation of this
measure, the Ministry of Housing had coordinated with the Ticona Estrada family.
However, difficulties arose in the administrative documentation of the property located
in Cochabamba. Subsequently, on November 13, 2009, the Ministry of Foreign Affairs
was informed that the family had requested that the house be built in El Alto;
therefore, the Ministry for Public Works was asked to review the measures taken. In
turn, the Ministry reported that, on April 15, 2010, the Vice Minister of Housing and
Urban Planning of the Ministry of Public Works, Services and Housing had stated that,
on November 19, 2009, he had visited the plot of land and verified that it was suitable
for the construction, and that Hugo Ticona had completed the legal and technical
documentation. In view of the foregoing, on November 24, 2009, the State advised
the Court that there had been a temporary delay in the construction of the house due
to the circumstances indicated, and asked the Court to take this into account.
39.
In its complementary report of August 31, 2010, the State advised that on
June 23, 2010, the Administration Committee of the Ministry of Public Works, Services
and Housing, under Social and Cooperative Housing (hereinafter “PVS”), held its 78th
ordinary meeting in which it approved the project to build a house in the case of the
“Hugo Ticona” subprogram in La Paz-Murillo, El Alto. However, during this session, the
members of the PVS noted that some formal issues in Testimony No. 559/2005 of
August 29, 2005, needed to be rectified and this was brought to the attention of Cesar
Ticona Olivares so that he would make the necessary corrections so as to be able to
continue with the execution of the project.
40.
Regarding the rectification of Testimony No. 559/2005, the representatives
indicated that, on October 25, 2010, Cesar Ticona Olivares advised the PVS that the
error noted should be attributed to State officials and that the correction could not be
a unilateral act of the Ticona Estrada family, but entailed the intervention of the
municipal government of El Alto. In addition, “it was impossible to comply with a strict
time frame for correcting this error unless the Municipality of El Alto is ordered to act
together with the Ticona family.”
41.
For its part, the Inter-American Commission assessed positively the information
provided by the State regarding the approval of the project to construct the house and
the resolution of the discussion on its location. Furthermore, it observed that the State
is adopting measures aimed at complying with this obligation, and hoped that the
State would continue to report on the execution of the project.
42.
In this regard, the Court assesses positively the information provided by the
State and considers that it has made significant progress to comply with the
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