15 53. That the Commission expressed its concern about the lack of effective actions to comply with what was ordered, as well as the lack of information on the liaisons and domestic coordination necessary to fulfill such measure of reparation. 54. That the State alleged that it has taken the necessary measures to guarantee the payment for non-pecuniary damage ordered in the Judgment and that the rigor of the domestic laws of the State and the budgetary constraints had caused the delay in the payment. It informed that the payment of non-pecuniary damage must be included in a claim for the domestic budget, a step that has been already taken. It observed that the budget act is of a compulsory nature and though it cannot indicate a specific date for the compliance with the payment, the budget act expires on December 31, 2009 and therefore, the payments must be made before said date. 55. That this Court notes that, after more than two years and a half of the delivery of the Judgment, the payments ordered as compensation for non-pecuniary damage have not been fulfilled by the State. Certainly, it is essential for the State to adopt the necessary measures to make said payments as soon as possible. Moreover, given that the State has fallen in arrears, it must inform on the measures adopted for the effective compliance with this operative paragraph, as well as the allocations applicable to cover the respective overdue interest, according to paragraph 161 of the Judgment. * * * Payment of costs 56. That regarding the payment of the amounts established as costs (operative paragraph six of the Judgment), the State informed that it has complied with said aspect since it has delivered to the 28° Specialized Civil Trial Court of Lima seven judicial deposit certificates of Banco de la Nación in favor of the victims’ representatives for an amount, each of them, equivalent in new soles to five thousand dollars of the United States of America. On August 14, 2008, the 28° Specialized Civil Trial Court of Lima, by means of Resolution N° 120, verified that the State had assigned the sum of 14.050 new soles to each victims’ representative and ordered the delivery of such amount to Mr. Adolfo Fernández Saré, Manuel Carranza Rodríguez, Henry William Camargo Matencio, Máximo Jesus Atauje Montes, Jorge Luis Pacheco Munayco, Javier Mujica Petit and Francisco Ercilio Moura. The funds to make such payments came from the FEDADOI. Based on the foregoing, the State asserts that operative paragraph six of the Judgment is fulfilled. The common interveners also indicated that the State complied with this operative paragraph. 57. That, based on the evidence furnished and the similar statements made by the parties as to the effective compliance with this operative paragraph, this Tribunal considers that the State has fully complied with it. * * * 58. That, when monitoring compliance with the pending aspects of this case, the Court values the effectiveness of the hearing held to that end, which is expressed in the good will shown by the parties. The Tribunal shall consider the general status of compliance with the

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