12
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12.
After examining the information supplied by the State, by the Commission
and by the victim and his representatives in their briefs on compliance with the
Judgment on reparations, the Court has confirmed that, despite the efforts made,
the State has not paid the interest it owes for its delinquency in paying the
compensation. The State was notified of the Judgment on reparations on December
14, 2001, so that the time period for paying the compensation ordered for pecuniary
and non pecuniary damages expired on June 14, 2002. Because Peru did not make
the payment until March 26, 2003, under paragraph 97 of the Judgment on
reparations the period of delinquency must be from June 15, 2002 to March 25,
2003. The information supplied by the State, and not contested by either the
Commission or the representatives, is that the interest owed for delinquency totals
US$ 1,936.00 (one thousand nine hundred thirty-six United States dollars). This
figure must be divided proportionally, according to the amount of compensation
already paid, among the beneficiaries of the reparations.
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13.
Concerning the sixth operative paragraph of the Judgment on reparations
(supra Having Seen 2(6)), the Court has verified that 33 months after the issuance
of the Judgment on reparations, the State has still not given Luis Alberto Cantoral a
grant to pursue university studies in an establishment of acknowledged academic
quality, chosen by mutual agreement between the State and the victim, which grant
must cover the costs of the university degree of the latter’s election, and also living
expenses during the period of these studies. Furthermore, from the information
provided by the parties, the Court observes that Mr. Cantoral Benavides is currently
pursuing a degree in law at a private university in Brazil. It is essential, therefore,
that this Court’s order be carried out in the manner best suited to the beneficiary
inasmuch as he currently resides in Brazil and is pursuing his studies at a university
in that country.
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14.
With regard to the medical treatment and psychotherapy that, under
operative paragraph eight of the December 3, 2001 Judgment on reparations (supra
Having Seen 2.8), is to be provided to Mrs. Gladys Benavides López, the parties
agree that the treatment has been provided. However the Commission and the
representatives allege that even though the Ministry of Health authorized free
medical care, the medications she can receive are limited to those available at the
State’s health establishments.
To be in full compliance with this obligation,
treatment must be provided fully and effectively, by mutual agreement with the
victim.
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15.
From the analysis of the documentation provided by the parties, the Court
has established that thus far, those responsible for the human rights violations