2
[…]
[…] in supervising comprehensive compliance with the judgments on the merits and on
reparations issued in the instant case, and after analyzing the information supplied by the
State, by the victims, and by the Inter-American Commission, the Court […] verif[ied] that
the State ha[d] paid the compensations for costs and expenses of the victims before
the
Court, pursuant to operative paragraph six of the Judgment on reparations.
7.
8.
[…] after analyzing the information provided by the State, the victims and the InterAmerican Commission, the Tribunal consider[ed] it is essential that the State inform the
Court regarding the compliance with the following aspects:
a)
the outcome of the investigations to identify and punish the responsible for
the human rights violations committed against the victims of the instant case […]
(Operative paragraph four of the Judgment of November 27, 2003); and
b)
The payment of the amounts corresponding to the arrears of salaries and
other benefits that, in accordance with the domestic law, correspond to Manuel
Aguirre Roca, Guillermo Rey Terry and Delia Revoredo Marsano (Operative
Paragraph five of the Judgment of November 27, 2003).
In this regard, the Tribunal decided:
3.
To urge the State to adopt the measures that are necessary to promptly and
effectively comply with the reparations ordered in the Judgment of January 31, 2001 and
that are still pending compliance, in accordance with the provisions of Article 68(1) of the
American Convention on Human Rights.
3.
The Order of the Court of November 17, 2004 regarding the compliance with
the Judgment of the instant case, in which the Court decided:
[…]
8.
[In the process of overseeing comprehensive compliance with the January 31,
2001 Judgment, and after analyzing the documents supplied by the State, by the
representatives of the victim and by the Commission in their briefs on compliance with
reparations (…), the Court note[d] that it d[id] not have sufficient information on the
following points currently pending compliance:
the current status of the investigations to identify and punish the persons
responsible for the human rights violations committed against the victims in the
case (operative paragraph four of the January 31, 2001 Judgment); and
b) Payment of the back pay and other benefits due, according to domestic
legislation, to Manuel Aguirre Roca, Guillermo Rey Terry and Delia Revoredo
Marsano (operative paragraph five of the January 31, 2001 Judgment).
9. […] This Court […] assert[ed] that the State that is found responsible and is in arrears
regarding payment of the compensation ordered by the Court must pay interest on the
amount owed. It is an obligation of the State found responsible to pay the compensation
ordered by the Court within the term set for this purpose, and non-compliance with this
obligation entails consequences for the State. When it pays after the deadline, the State
incurs the obligation to pay interest on the amount owed, so as to maintain the value of
the compensation and ensure that that said amounts retain their purchasing power. The
Court […] declare[d] that the States have said obligation to pay interest even when the
judgment in which the Court ordered the reparations did not explicitly state said
obligation.
[…]
In this regard, the Tribunal decided: