4
g)
regarding the obligation to provide psychological care and treatment to
the victim’s next of kin, steps have been taken to provide them with
“preferential and specialized” care. Some next of kin have desisted due to the
irregularity of their respective appointments. The State, however, has
coordinated new appointments to provide psychological care and treatment to
the victim’s next of kin, which will be provided with such frequency as may be
determined by qualified professionals. No appointments have been
coordinated with two of the next of kin, since one of them is studying in Cuba
and the other is prevented from keeping any appointments due to job-related
reasons; and
h)
regarding the obligation to pay the amounts established by the Court
for pecuniary and non-pecuniary damage:
i)
such compensation had been granted to the beneficiaries;
ii)
the bank deposit in the name of minor Indira Isabel HuilcaFlores was made on January 11, 2006; and
iii)
José Carlos Huilca-Flores, then a minor, became of legal age
and, further to his consent, he was directly paid the appropriate
amount.
3.
The communications submitted by the representatives of the victim and his
next of kin (hereinafter “the representatives”) on April 21, 2006 and September 14,
2006, whereby they stated that:
a)
regarding the obligation to effectively investigate the facts of the
instant case:
i)
the Judgment delivered on March 7, 2006 by the National
Criminal Division of the Lima Court of Appeals represented a step
forward in the investigation; however, no further progress has been
made in the process of identifying, prosecuting and punishing the
perpetrators and masterminds of the extrajudicial execution of Pedro
Huilca-Tecse;
ii)
it was necessary for the State to continue to advance the
investigations against Alberto Fujimori-Fujimori and the members of
the Colina Group;
iii)
the next of kin of Pedro Huilca-Tecse testified at the proceeding
instituted for the crime of terrorism; however, they were not
significantly involved in such proceeding given that, pursuant to the
criminal laws in force, the State is the party aggrieved by the crime of
terrorism, which prevents the next of kin from participating as the
aggrieved party; and
iv)
the publicity given to the judgment of acquittal handed down by
the National Criminal Division of the Lima Court of Appeals favoring
those prosecuted for terrorism “[wa]s adequate.”
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