10
the Court appreciates that the State did pay certain compensations by way of
pecuniary damage on that date. Said compensations would correspond to the
amounts set forth by way of loss of earnings of Saúl Cantoral-Huamaní and Consuelo
García-Santa Cruz, in accordance with paragraph 171 of the Judgment, and they
were distributed among the next of kin of said victims pursuant to the terms of
paragraph 161 of the Order.6 The Court makes a positive assessment of the fact that
the State has paid part of the compensations ordered in the Judgment. However, it
notices that said payments were made after the term of one year set forth by the
Judgment had expired, reason for which the State owes the interest on arrearages
since August 3, 2008, date on which the term for complying with this obligation
expired.
36.
That the Court further notices the lack of information regarding the payment
of the remaining compensations, costs and expenses. And it reminds that the term
for the fulfillment of this obligation expired on August 3, 2008, reason for which,
according to paragraph 209 of the Judgment, the State shall have to pay interest on
arrearages for the amounts due. The Court observes that the State has partially
complied with this reparation measure and it points out that it is necessary that the
State fulfills the Court Judgment and that it informs on the proceedings effected in
order to settle the unpaid balance.
37.
That, finally, regarding the obligation to return the amount of seven thousand
five hundred United States dollars (US$ 7,500.00) to Pelagia Mélida ContrerasMontoya de Cantoral (paragraph 187 of the Judgment), neither the State nor the
representatives forwarded any information on the status of compliance. The Court
reminds that the Judgment set forth that:
[…] with regard to the amount of US$ 7,500.00 (seven thousand five hundred United States
dollars) delivered by the Federación Minera (Mining Federation) to Saúl Cantoral-Huamaní and
which he left moments prior to his death at the hostel where he was staying and which was
seized and judicially deposited by the authorities in charge of the investigation, the Court notices
that it was not returned, but it was allegedly lost or stolen while it was under judicial deposit.
That is inferred not only from the arguments of the representatives, but also from the evidence
presented by the State, in which it is informed that a public prosecutor’s office, on May 8, 1995,
ordered the forwarding of the case file to the public prosecutor’s office on duty “as there were
presumptions of the alleged perpetration of the crime against the property -theft- of the
Certificate of Judicial Deposit of Banco Nación No. […] dated April 18, 1989, in the amount of US$
7,500.” The loss of this amount of money under the custody of the State bears direct relation
with the facts of the case and, consequently, it must be returned. Therefore, in the event this
amount has not been yet returned, the Court orders the same is refunded to Mrs. Pelagia Mélida
Contreras-Montoya de Cantoral, who may use it for the purposes she deems pertinent.
38.
That on January, 28, 2008, the Court, in its Judgment of Interpretation
clarified a question posed by the State regarding the manner of fulfillment of this
measure, and it explained that “the Court ordered that Mrs. Pelagia Mélida
Contreras-Montoya, widow of Cantoral, who is a party to this lawsuit, and not an
entity alien to it as the Federación Minera (Mining Federation), would receive said
amount and later on “may use it for the purposes she deems pertinent.”
Notwithstanding the clarification above, the State did not provide any information on
this reparation measure.
*
6
Cf. Case of Cantoral-Huamaní and García-Santa Cruz v. Peru. Preliminary Objection, Merits,
Reparations and Costs. Judgment of July 10, 2007. Series C, No. 167.