America) to Margarita del Carmen Cesti Cardó ; U.S. $5,000.00 (five thousand dollars of the
United States of America) to Gustavo Guillermo Cesti, and U.S. $20,000.00 (twenty thousand
dollars of the United States of America) to Gustavo Adolfo Cesti Hurtado.
26.
The victims argued that the State has not complied with the payment of interest for
the delay in canceling out the pecuniary damage to Mr. Cesti Hurtado, his wife Carmen Cardó
de Cesti, and their children Margarita and Gustavo Cesti Cardó.
27.
The Commission noted that the State did not provide updated information and that the
victims continued to report that no such payment has been provided, therefore, it awaits
information and supporting documentation from the State on the corresponding payments.
28.
In the Order of the Court of November 17, 2004, the Court held that the State paid
the sum of U.S.$65,000.00 (sixty-five thousand dollars of the United States of America),
corresponding to that which was established in the second, third, and fourth operative
paragraphs of the Judgment on reparations. Moreover, the Court also noted that the
interest owed due to the delay in the payment of the reparations was still pending. 13 In
short, the State has not presented updated information on what specific actions it would
have taken to comply with this aspect of the reparations.
29.
In view of the foregoing, the Court considers that this measure is pending
compliance and therefore it awaits detailed, complete, and updated information, along with
the relevant supporting documentation, so as to allow the appropriate monitoring of
compliance with this measure.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its judgments under Articles 33,
62(1), 62(3), 65, 67, and 68(1) of the American Convention on Human Rights, 25(1) and
30 of its Statute and 31(2) and 69 of its Rules of Procedure,
DECIDES THAT:
1.
Pursuant to that noted in the relevant considering clauses of this Order, the State
has partially complied with the following obligations:
a)
investigation of the facts surrounding this case and punishment of the
perpetrators (Operative paragraph No. 5 of the Judgment on reparations), and
b)
payment of pecuniary damages (Operative paragraphs No. 1 of the Judgment
on reparations and Operative paragraph No. 3 of the Judgment regarding the
interpretation of the judgment on reparations).
13
Cf. Case of Cesti Hurtado V. Perú. Monitoring of Compliance with Judgment. Order of the Inter-American
Court of Human Rights of November 17, 2004, Considering clause 10.
9