Order of the
Inter-American Court of Human Rights∗
Of August 5, 2008
Case of the Constitutional Court
(Aguirre Roca, Rey Ferry and Revoredo Marsano)
v. Peru
(Monitoring Compliance with Judgment)
HAVING SEEN:
1.
The Judgment on the merits delivered by the Inter-American Court of Human
Rights (hereinafter, the "Court", "the Inter-American Court” or the “Tribunal”) on
January 31, 2001, whereby it:
1.
F[ound] that the State violated the right to a fair trial embodied in Article 8 of the
American Convention on Human Rights, with regard to Manuel Aguirre Roca, Guillermo
Rey Terry and Delia Revoredo Marsano.
2.
F[ound] that the State violated the right to judicial protection embodied in Article
25 of the American Convention on Human Rights, with regard to Manuel Aguirre Roca,
Guillermo Rey Terry and Delia Revoredo Marsano.
3.
F[ound] that the State failed to comply with the general obligation of Article 1(1)
of the American Convention on Human Rights, with regard to the violation of the
substantive rights indicated in the previous operative paragraphs of the [...] Judgment.
4.
Decide[ed] that the State must order an investigation to determine the persons
responsible for the human rights violations referred to in this judgment and also publish
the results of this investigation and punish those responsible.
5.
Decide[ed] that the State must pay the amounts corresponding to the arrears of
salary and other benefits that, by law, correspond to Manuel Aguirre Roca, Guillermo Rey
Terry and Delia Revoredo Marsano, in the terms of paragraphs 121 and 128 of the […]
Judgment.
6.
Decid[ed] that, in fairness, the State must reimburse the victims in the instant
case, for costs and expenses, in the way and under the terms set out in paragraphs 126
and 128 of [the] judgment, the following amounts: Manuel Aguirre Roca, US$25,000.00
(twenty-five thousand United States dollars) or the equivalent in Peruvian money when
the payment is made; Guillermo Rey Terry, US$25,000.00 (twenty-five thousand United
States dollars) or the equivalent in Peruvian money when the payment is made; and Delia
Revoredo Marsano, US$35,000.00 (thirty-five thousand United States dollars) or the
equivalent in Peruvian money when the payment is made.
2.
The Order of the Court of November 27, 2003 regarding the compliance with
the Judgment on the merits, reparations and costs (hereinafter, the "Judgment") in
the instant case, by which it was ordered:
∗
Judge Diego García-Sayán, due to its nationality, considered it was necessary to disqualify himself
from hearing the case, and therefore he did not take part in the deliberation and signature of this Order.