9
members of the Baldeón-Yllaconza family, within one year, the compensation for pecuniary
and non-pecuniary damage, the State recognized that “such payment has not been made”.
Nevertheless, it expressed that “the Executive Secretariat of the Human Rights National
Council, as of notice of the [...] Judgment, has been presenting before the Fondo Especial
de Administración del Dinero Obtenido Ilícitamente en Perjuicio del Estado (FEDADOI)
[Special Fund of Administration of Money Illegally Obtained to the detriment of the State]
and the Ministry of Economy and Finance, a series of joint requests related to the pending
payments for compensation ordered by the Inter-American Court […]".
33.
That the representatives pointed out that “the Peruvian State has not complied with
the obligation to pay to the next-of-kin of Bernabé Baldeón García the compensation for
pecuniary” and non-pecuniary damage. Furthermore, the representatives alleged the lack of
communication and information on the part of the State regarding this issue and they
asserted that "the lack of response of the Ministry of Economy and Finance before the
communications of the Ministry of Justice does not justify the non-compliance with the
payment of the compensation” ordered by the Court, since “according to section 7 of Act Nº
27775, […] the Ministry of Justice must incorporate to and maintain in the [budget] an
entry of sufficient funds to handle exclusively the sums of money as payment of the
compensations” ordered by judgments delivered by supranational tribunals.
34.
That, besides, the Commission pointed out that “it waits in the next periodic reports,
the State informs on the effective payment of the compensations [ordered] in the
Judgment”.
35.
That the term granted to make the payment for compensation of pecuniary and nonpecuniary damage sustained by the victims, expired on May 15, 2007 and up to the
present, the Court has not received information regarding the compliance with that
obligation. In this sense, the Tribunal considers it is pertinent to remind the State that it
must adopt all measures necessary to fully comply with this obligation and inform the Court
about it.
*
*
*
36.
That as to the obligation to pay the costs and expenses incurred in domestic courts
and in the international proceedings carried out within the Inter-American System for
Human Rights Protection, the State made no statement in that regard.
37.
That regarding this aspect, the representatives referred to the arguments put
forward in relation to the compensations for pecuniary and non-pecuniary damage (supra
Considering clause 33).
38.
That, regarding this aspect, the Commission pointed out that “it waits in the next
periodic reports, the State informs on the effective payment of […] costs and expenses
ordered in [the] Judgment”.