ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS ∗
OF NOVEMBER 26, 2013
CASE OF GARCÍA ASTO AND RAMÍREZ ROJAS v. PERU
MONITORING OF COMPLIANCE WITH THE JUDGMENT
HAVING SEEN:
1.
The Judgment on preliminary objections, merits, reparations and costs
(hereinafter “the Judgment”) of November 25, 2005, ordered by the Inter-American
Court of Human Rights (hereinafter “the Inter-American Court,” “the Court” or “this
Court”), wherein violations were established to the right to humane treatment
[personal integrity], personal liberty, fair trial [judicial guarantees], freedom from expost facto laws, and judicial protection established in Articles 5(1), 5(2), 7(1), 7(2),
7(3), 7(5), 7(6), 8(1), 8(2)(c), 8(2)(f), 8(5), 9 and 25, in regard to Article 1(1) of the
American Convention on Human Rights (hereinafter “the Convention” or “the American
Convention”), to the detriment of Mr. Wilson García Asto and Mr. Urcesino Ramírez
Rojas, who were criminally prosecuted, accused of committing the crime of terrorism
and arbitrarily imprisoned by the State of Peru (hereinafter “Peru” or “the State.”)
2.
The Orders of the Inter-American Court on Monitoring of Compliance with the
Judgment of July 12, 2007, and July 1, 2011. In the latter Order, the Court declared
that:
1.
The State has complied partially with its obligation to provide Wilson García Asto
with the opportunity of receiving professional training by awarding him a scholarship
(twelfth operative paragraph of the judgment), as indicated in the fourteenth considering
paragraph of […] Order.
2.
In accordance with the nineteenth considering paragraph, the State has
complied totally with its obligation to make the payments owed for pecuniary and nonpecuniary damage, and reimbursement of costs and expenses to Wilson García Asto and
Urcesino Ramírez Rojas, and also to Napoleón García Tuesta, Celia Asto Urbano, Elisa
García Asto, Gustavo García, María Alejandra Rojas, Santa Ramírez Rojas, Pedro Ramírez
Rojas, Filomena Ramírez Rojas, Julio Ramírez Rojas, Obdulia Ramírez Rojas, Marcelino
Ramírez Rojas and Adela Ramírez Rojas (thirteenth, fourteenth and fifteenth operative
paragraph of the judgment).
3.
That it will keep the proceedings of monitoring compliance open with regard to
the following aspects pending fulfillment
a)
Provision of free medical and psychological care to Wilson García Asto through
its health care services, including the provision of medicines free of charge (eleventh
operative paragraph of the judgment) […];
b)
Providing Wilson García Asto and Urcesino Ramírez Rojas with the opportunity
for training and professional development through study grants (twelfth operative
paragraph of the judgment), […];
∗
The President of the Court, Judge Diego García Sayán, of Peruvian nationality, did not participate in the
hearing and deliberation of this Order, pursuant to that provided in Articles 19(2) of the Statute and 19(1) of
the Court Rules of Procedure.