11
39.
That this Court notes that after three years from the Judgment, only the payments
as pecuniary damage have been made in favor of some victims, but no mention has been
made as to the proceedings aimed at effecting payment of pecuniary damage in favor of the
remaining victims, payment of non-pecuniary damage and reimbursement of costs and
expenses. Furthermore, the Court reiterates that the State should honor the unfulfilled
payment obligations, the resolution achieved in the domestic criminal proceedings
notwithstanding. In the light of the foregoing, the Tribunal reminds the State of the
importance of strictly complying with this operative paragraph and, to this effect, it urges
the State to resort to all available resources to effectively pay the amounts as ordered in
the Judgment, including payment of any accrued interest.
Therefore:
The Inter-American Court of Human Rights,
in exercise of its authority to monitor compliance with its decisions and in accordance with
Articles 62(3), 67 and 68(1) of the American Convention on Human Rights, Article 25(2) of
its Statute and Articles 30(2) and 63 of its Rules of Procedure,
Declares:
1.
That pursuant with that stated in Considering clauses No. 18 and 22 of this Order,
the State has complied with the obligation to:
a)
To organize, within six months, a public act acknowledging responsibility
(operative paragraph eleven and paragraph 235 of the Judgment), and
b)
to ensure, within the term of one year, that the 10 persons declared as
victims of execution or forced disappearance in the Judgment are represented in the
memorial named “El Ojo que Llora” (The Crying Eye) if they are not represented so
far and provided their relatives so desire (operative paragraph twelve of the
Judgment and paragraph 236 of the Judgment.)
2.
That the State has partly complied with the obligations to:
a)
to take without delay the necessary actions to effectively conduct and
complete, within a reasonable time, the ongoing investigations and the criminal
proceedings pending in the domestic courts, and to carry out, as the case may be,
the necessary investigations to determine the criminal liability of the perpetrators of
the violations committed to the detriment of the victims in the instant case
(operative paragraph nine and paragraphs 224 to 228 of the Judgment;)
b)
to forthwith carry out the search for and localization of the mortal remains of
Hugo Muñoz-Sánchez, Dora Oyague-Fierro, Marcelino Rosales-C��rdenas, Armando
Richard Amaro-Cóndor, Robert Edgar Teodoro-Espinoza, Heráclides Pablo-Meza, Juan
Gabriel Mariños-Figueroa and Felipe Flores-Chipana and, once located, to deliver
them as soon as practicable to their relatives and to bear the burial costs, (operative
paragraph ten and paragraph 232 of the Judgment;)
c)
to publish, within the term of six months, at least once in the Official Gazette
and in another national daily newspaper, paragraphs 37 to 44 and 51 to 58 of the
chapter related to the partial acknowledgement, the proven facts in the instant
Judgment, without the corresponding footnotes, and paragraphs 81 to 98, 109 to