complied fully with the payment to the 233 individuals declared victims in the
Judgment to whom compensation was granted for pecuniary and non-pecuniary
damage. Notwithstanding the foregoing, and pursuant to paragraph 141 of the
Judgment, the Court recalls that, once the inheritance procedures under the relevant
Peruvian law have finalized for the two victims who are deceased, the amounts that
were consigned to judicial deposits in their name must be delivered to their heirs.
13.
According to the information provided by the representative and the State, the
Court notes that the reimbursement of costs and expenses has been made. 10
B. Obligation to publish the Judgment in the Official Gazette
14.
The State advised that “SEDAPAL [had] forwarded notarized copies of the
publication of the Judgment of the Case of Abrill Alosilla et al. in the Official Gazette El
Peruano on March 29, 2012.” The State asked the Court to find that this operative
paragraph of the Judgment had been complied with.
15.
The representative of the victims did not present information on progress in
compliance with this reparation.
16.
The Commission took note of the publication of the Judgment in the Official
Gazette and considered that this indicated full compliance with one aspect of the
Judgment.
17.
The information provided by the State, including the copy of the publication of
the Judgment in the Official Gazette El Peruano, 11 reveals that the State has complied
with its obligation to make the required publication. Based on the foregoing, the Court
considers that the State has complied fully with the measure ordered in the sixth
operative paragraph of the Judgment.
18.
Lastly, the Inter-American Court assesses positively that the State has
complied fully with the measures of reparation ordered in the Judgment in this case.
Furthermore, the Court underlines the promptness with which the State has complied
with the Judgment delivered by the Court on March 4, 2011.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its decisions and pursuant to
Articles 33, 62(1), 62(3), 67 and 68(1) of the American Convention on Human Rights,
24 and 30 of the Statute, and 31(2) and 69 of its Rules of Procedure,
DECIDES THAT:
1.
As indicated in the pertinent considering paragraphs of this Order, the State has
10
Cf. Letter No. 025-2011-SIFUSE of April 11, 2011 (file on monitoring compliance, tome I, folio 104)
and Memorandum No. 434-2012-GRM of May 17, 2012 (file on monitoring compliance, tome I, folio 1334).
11
Cf. Copy of the publication of the Judgment in the Official Gazette El Peruano on March 29, 2012
(file on monitoring compliance, tome III, folio 1327 to 1333).
5