12
18.
That the State must comply with the aspects that remain to be fulfilled (supra
sixteenth considering paragraph) forthwith. Accordingly, Peru must submit a report
on the pending aspects indicated by the Court and, subsequently, the
representatives of the victims and their next of kin, and also the Inter-American
Commission, must present their comments on the State’s report.
19.
That the Court will consider the general status of compliance with its
judgments on merits (March 14, 2001) and on reparations (November 30, 2001)
when it has received the said report of the State and the corresponding comments
on the above-mentioned measures of reparation (supra sixteenth considering
paragraph).
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its decisions and in accordance
with Articles 67 and 68(1) of the American Convention on Human Rights, Article
25(1) of its Statute, and Article 29(2) of its Rules of Procedure,
DECLARES:
1.
That, in accordance with the arrangements made by the parties in the
reparations agreement, subsequently ratified by the Court in the judgment on
reparations of November 30, 2001, the manner in which the State must make the
payment of the compensation corresponding to the beneficiaries who are minors is
by depositing the compensation amounts in a trust fund “under the most favorable
conditions according to Peruvian banking practices.”
2.
That the State must defray any expenses arising from the trust fund. The
State may not deduct any percentage of the compensation corresponding to the
minors for the administrative or financial expenses incurred by the trust company, to
the detriment of the capital deposited in the trust fund.
3.
As stated in the fifteenth considering paragraph of this Order, the State has
complied in full with the aspects indicated in subparagraph (a) of the second
operative paragraph and the sixth operative paragraph of the judgment on
reparations delivered by the Court on November 30, 2001, as regards:
a)
Payment of compensation to the following surviving victims: Natividad
Condorcahuana Chicaña, Felipe León León, Tomás Livias Ortega and Alfonso
Rodas Alvítez (or Albitres, Albites or Alvitrez) (subparagraph (a) of the second
operative paragraph of the judgment on reparations of November 30, 2001);
and
b)
Finding the next of kin of the victims Odar Mender Sifuentes Minez,
Benedicta Yanque Churo and Tito Ricardo Ramírez Alberto, in order to grant
them the reparations ordered with regard to the facts of this case (sixth
operative paragraph of the judgment on reparations of November 30, 2001).
4.
That, as stated in the fifteenth considering paragraph of this Order, the State
has complied partially with the contents of subparagraphs (b) and (c) of the second
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