directly to the beneficiaries within a year period as of notification of the present Judgment.
Likewise, the Court ordered the payment of USD 20.000,00 (twenty thousand dollars of the
United States of America) to the Association of Discharged and Retired Persons as
reimbursement for costs and expenses incurred during the processing of this case within the
domestic forum and before the inter-American System, which should be paid directly to the
Association within a year period as of notification of this Judgment.
12.
The Court positively values the payments made by the State to comply with this
reparation measure. The Court recognizes that indicated by the State, and notes that Peru
in fact ordered the payments within the period established, as this Judgment was notified on
August 5, 2009, and the payments were made between December 2009 and February 2010,
according to the documentation presented by the State. Moreover, it notes the satisfaction
expressed by the representatives and the Commission concerning the payments made.
Nevertheless, the Court notes that, based on the documentation presented by the State, it
is found that the payments made to the victims Nolberto Castro Zapata and Jesús Romero
Pacora as compensation for non-pecuniary damages was less than the payments made to
the other victims, without a justification being presented to the Court regarding this.
According to the exchange rate indicated by the State as that corresponding to the date on
which payments were made, and that was used to calculate the national currency equivalent
of the compensation ordered in the Judgment, Mr. Nolberto Castro Zapata received a
payment of USD 1,400.00 (fourteen hundred dollars of the United States of America), and
Mr. Jesus Romero Pacora received a payment of USD 1,600.00 (sixteen hundred dollars of
the United States of America), rather than the USD 2.000,00 (two thousand dollars of the
United States of America) ordered by the Court in its Judgment (supra Considering Clause
11).3 Due to the foregoing, the Court considers that it is necessary for the State to submit
information that explains the difference between the amounts paid to the victims Nolberto
Castro Zapata and Jesus Romero Pacora and the remaining victims and the amounts
ordered by this Court in its Judgment in order to determine the full compliance with this
reparation measure.
13.
As a consequence, the Court deems that the State has partially complied with the
payments ordered in the Judgment as compensation for non-pecuniary damage, and it has
fully complied with the reimbursement of costs and expenses as ordered.
B.
The obligation to fully comply with the judgments of the Constitutional
Court of Peru (Operative Paragraph 6 of the Judgment)
3
The State submitted a copy of Official letter No. 0034-2010-CG/PP of April 5, 2010 of the Comptroller
General of the Republic together with its reports of April 16 and May 7, 2010. In said official letter, the Deputy
Prosecutor of said state institution indicated that the exchange rate used to calculate the national currency value of
the compensation ordered in the Judgment was PEN 2.95 (two Peruvian nuevos soles with ninty-five cents) for
each US dollar. Likewise, Peru submitted, together with its report of May 7, 2010, official letter No. 0109-2009CG/FI of December 2, 2009 of the Comptroller General of the Republic, addressed to the National Bank. In this
official letter, there is proof that the order of payment in favor of 187 victims was awarded to Nolberto Castro
Zapata and Jesús Romero Pacora, among others. Nevertheless, the payment in favor of the all the victims, with the
expection of Nolberto Castro Zapata and Jesús Romero Pacora, was for PEN 5,900.00 (five thousand and nine
hundred Peruvuian nuevos soles), the equivalent of USD 2.000,00 (dos mil dólares de los Estado Unidos de
América). However, the payments ordered to Nolberto Castro Zapata was for PEN 4,130.00 (four thousand one
hundred and thirty Peruvian nuevos soles) and for Jesús Romero Pacora PEN 4,720.00 (four in 1700 Peruvian
nuevos soles) was awarded, the equivalent to USD 1,400.00 (one thousand four hundred dollars of United States of
America) and USD 1,600.00 (one thousand six hundred dollars of the United States of America), respectively, in
accordance with the exchangerate indicated by the State for the date of the payment.