3
7.
The Order of the Court of February 7, 2008, wherein it declared that:
3.
It will keep open the proceeding for monitoring compliance with the obligations that have
not as yet been fully complied with, to wit:
a)
the obligation to provide Luis Alberto Cantoral-Benavides with a scholarship for
higher or university studies in order to cover the costs of a degree in the profession of
his choosing and his living expenses for the duration of such studies, at an educational
institution of recognized academic excellence, as ordered in operative paragraph six of
the Judgment on reparations and in Considering clause 12 of the […] Order;
b)
the obligation to provide medical treatment and psychotherapy to Gladys
Benavides-López, pursuant to operative paragraph eight of the Judgment on reparations
and the provisions of Considering clauses 13 and 14 of the […] Order, and
c)
the obligation to investigate the facts of this case and punish those responsible
for the violations committed against Luis Alberto Cantoral-Benavides, pursuant to
operative paragraphs twelve and nine of the Judgments on the merits and reparations,
respectively, and as ordered in Considering clauses 15 to 17 of the […] Order.
Furthermore, in said Order the Court decided:
1.
To call upon the State to adopt all necessary measures to promptly and effectively
comply with the obligations pending fulfillment under the Judgments on the merits and
reparations which the Inter-American Court of Human Rights delivered in the case of CantoralBenavides on August 18, 2000 and December 3, 2001, respectively, pursuant to the provisions of
Article 68(1) of the American Convention on Human Rights.
2.
To call upon the State to submit to the Inter-American Court of Human Rights, by July 7,
2008, at the latest, a detailed report indicating all the measures adopted to comply with its
obligations pending fulfillment under the Judgments on the merits and reparations, as listed in
declarative point three of this […] Order.
3.
To call upon the representatives of Mr. Luis Alberto Cantoral-Benavides and his next of
kin to submit their comments on the State’s report within four weeks, and to call upon the InterAmerican Commission on Human Rights to submit its comments thereon within six weeks, both
deadlines computed from the date of receipt of said report.
4.
To call upon the State to continue to report every six months to the Inter-American
Court of Human Rights on the measures taken to ensure compliance with the Court’s orders,
pursuant to Considering clause No. 20 of this Order.
8.
The briefs of July 16 and December 2, 2008, whereby the representatives requested
the Court “[to r]equire the Peruvian State [to] submi[t] […] the report requested in
operative paragraph [two] of Order […] of February 7, 2008,” and “[i]n view of the failure of
the State to submit information, to summon the parties to a public hearing in connection
with compliance with Judgment.”
9.
The notes of the Secretariat of July 18; September 26; and December 4, 2008 and
May 8, 2009, whereby the State was informed that the term to submit a detailed report on
the measures adopted to comply with the obligations pending fulfillment had expired on July
7, 2008, wherefore the State was reminded of its duty to submit it.
10.
The briefs of September 22, 2008 and May 22, 2009, whereby the representatives
submitted information regarding compliance with Judgment. Furthermore, they requested
that “[due] to the repeated failure of the State […] to submit information to the Court […],
the parties be summon[ed] to a public hearing to be held during the following period of
sessions.”
11.
The note of the Secretariat of May 29, 2009, whereby it informed that due to the
great number of activities scheduled for the Court’s following period of sessions, the request
made by the representatives could not possibly be granted (supra Having Seen clause 10),
but that it would be referred to the President for consideration for a future hearing.
Furthermore, it noted that “the submission of observations or information regarding