terrorism” despite the fact that the majority did not have a final sentence in their name, and
their next of kin were stigmatized as “family members of the terrorists.” 60
62.
Based on the foregoing, the Court requires Peru to comply effectively with these two
measures of compliance as soon as possible and, upon reporting to the Court about it,
explain what procedures have caused a delay in the compliance of measures for so many
years and what actions are to be taken to end this situation. In no way may Peru take longer
than six months from the date of notification of this order, to give full effect to these
measures.
63.
Lastly, the Court appreciates the information provided by the State regarding access,
maintenance and conservation of the monument called “El Ojo que Llora” [The Eye that
Cries]. However, this is not the measure that is subject to monitoring of compliance by the
Court, since it was amended at the request of the State, in the judgment of interpretation,
taking into account the obstacles and difficulties referred to by Peru regarding compliance.
Thus, the Court requires the State to comply as soon as possible with the establishment of a
park or erect a monument as provided by the Court (supra Considering clause 55(b)), for
which the State must coordinate with the victims or their representatives. In its next report,
Peru should refer clearly and specifically to the efforts made regarding the effective
implementation of this commemorative measure.
G. Compensation for pecuniary and non-pecuniary
paragraphs 18 to 23 of the Judgment)
damages
(operative
G.1) Measure ordered by the Court
64.
The Court ordered compensation to repair the pecuniary and non-pecuniary damages
declared in operative paragraphs 18 to 23 and paragraphs 424 to 428, 433, 434, 457, 458,
465, 466, 467 and 468 of the Judgment. With regard to pecuniary damage, the Court
decided that the State must pay, within 18 months, the amounts established in the
Judgment for pecuniary damages caused to the 41 identified deceased inmates, surviving
inmates, and next of kin of the inmates for search related expenses and burial costs. Also,
in regard to non-pecuniary damages, the Court fixed the compensation the State must pay
to each of the 41 identified deceased victims and the surviving victims, to the next of kin of
the 41 identified deceased victims, and to the next of kin declared victims of the violation of
Article 5 of the American Convention determined in paragraphs 336, 337, 340 and 341 and
identified in Annex 2 of victims of the Judgment. In paragraph 433 of the Judgment, “the
Court set[,] in equity, the following compensations for non-pecuniary damages.” Specifically,
in paragraph 433(c), it provided the compensations for non-pecuniary damages to the
“surviving victims,” to which it established the following categories with distinct
compensation amounts: i) for ‘‘each of the victims with injuries of physical or mental
illnesses that imply a complete permanent handicap to work” the amount of US$20,000,00;
ii) for those ‘‘victims with injuries of physical or mental illnesses that imply a permanent
partial handicap to work” the amount of US$12,000.00; iii) for those “the victims with
permanent consequences due to injuries suffered that did not result in a complete or partial
handicap” the amount of US$8,000.00, and iv) for ‘‘each of the other surviving victims not
included in any of the previously mentioned categories,” the amount of US$4,000.00.
Moreover, in paragraph 433(c)(v), it established that ‘‘to individually determine in which of
the previous categories each of the surviving victims must be included, said determination
must be made by the domestic bodies specialized in the classification of injuries and
60
Case of Miguel Castro Castro Prison Merits, Reparations, and Costs, supra note 2, paras. 356 to 360.
27