clarification is made “in respect and memory of the victims of [Sendero
Luminoso];�� and
c) regarding the diffusion of the Judgment, the State indicated that this was the
first time in which the Court asked Peru to broadcast by radio and television
certain parts of the Judgment. The State asked the Court to consider “the
contrary effect that this could generate among the population upon reference
[to some aspects of the Judgment ordered by the Tribunal as a measure of
reparation].”
30.
Regarding the payment of the compensations ordered in the Judgment, the
State mentioned that:
a) “since some of the victims determined by the Court are at the same time people
that have committed crimes and are currently serving time for them,” said
people could “receive the compensation to, eventually, continue maintaining the
subversive behavior that led them to prison, finance the so-called Communist
Party of Peru -– Sendero Luminoso, and for new acts of violence.” Therefore,
the State requested that “the same amount of money ordered to be paid as
compensation be destined to the offering of health services, education, food,
[etc.] Said payment would be made individually through an intangible fund or
trust whose amounts would be the same ones established by the Court, and
they could be managed by the United Nations Development Program (UNDP) or
any entity of the Organization of American States (OAS) that can guarantee
their objective and independent administration;” and
b) regarding the victims that “were convicted in a due process for crimes of
terrorism and who owe the State or the victims of their crimes the civil
reparation, it asks if the State or the individuals entitled to civil reparation may
deduct [from the compensation granted by the Court] the person’s previous
debt or judicially request the withholding of the reparation that must be paid by
the State.”
31.
The State declared that “in the case of the victims acquitted in a procedure in a
national venue will be exactly as stated literally by the […] Court and regarding the
same no clarification or interpretation is presented.”
32.
Finally, the request included a section called “Some final considerations”,
different from the chapter on “Matters to be clarified or interpreted.” In that section,
Peru, based on “Article 64 of the [American Convention,] asks the Court for its
interpretation of several international treaties considering the systematic, dynamic,
and evolving nature of international human rights law,” regarding the “[international”
responsibility of non-state groups for the violation of human rights and crimes against
humanity.” This with the objective of having the mentioned dynamic interpretation
“included within the legal framework in which [the Court] appraises the claims
developed in the request for interpretation” in support “of its request for a change in
the modality of compliance.”
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