-2case closed when the State has complied fully with its provisions. Within one year from
notification of the judgment, the State must provide the Court with a report on the
measures taken to comply with [the] judgment, as stated in paragraph 186 above.
2.
The Order of the Court of November 17, 2004, in which, considering that on
March 12, 2004, the one year period established in the judgment for the State of
Peru (hereinafter “the State” or “Peru”) to submit a report on compliance with the
obligations established in the said judgment had expired and, on three occasions, the
Secretariat of the Court (hereinafter “the Secretariat”), on the instructions of the
President and all the members of the Court, had requested the State to submit the
report on compliance with the judgment, and the State had not forwarded any
information in this regard, it decided:
1.
To request the State to submit a report on compliance with the judgment on
merits, reparations and costs of February 28, 2003, by January 31, 2005, at the latest.
2.
To request the representatives of the victims and their next of kin and the
Inter-American Commission on Human Rights to submit their observations on the report
of the State mentioned in the preceding operative paragraph within four and six weeks,
respectively, of receiving it.
3.
To continue monitoring compliance with the judgment on merits, reparations
and costs of February 28, 2003.
[…]
3.
The Order of the Court of September 12, 2005, in which it requested the
State to submit, by November 30, 2005, at the latest, a report indicating all the
measures adopted to comply with the reparations ordered by the Court that were
pending, pursuant to the terms of the eighth and thirteenth considering paragraphs
and the declarative paragraph of the Order. The Court declared that the State had
not complied with any of the reparations ordered in the judgment of February 28,
2003, and therefore decided to continue monitoring compliance with the aspects
pending fulfillment in this case. In addition, in the ninth and thirteenth considering
paragraphs, the Court decided as follows:
9.
That, regarding the obligation to “conduct the corresponding investigations and
apply the pertinent punishments to those responsible for failing to abide by the judicial
decisions delivered by the Peruvian courts during the applications for protective
measures filed by the victims,” the Court considers that the State should forward
information that allows it to determine whether any investigation has been initiated and,
if so, the status of this investigation, as well as referring to the matter mentioned by the
representatives, that the victims had requested the Public Prosecutor’s Office (Fiscalía de
la Nación) to open an investigation, but this had been rejected […].
[…]
13.
That the Court considers that the State should present detailed information on
the alleged reductions in the pensions of the four victims and of the widow of Mr.
Gamarra Ferreyra that occurred as of June 2005, and on the administrative-law
proceedings alluded to […;] its report should also refer to compliance with the terms of
the judgment of February 28, 2003, and to the victims’ enjoyment of their rights, in
accordance with its terms.
4.
The brief of January 17, 2006, in which the representatives of the victims and
their next of kin asked the Court whether the State “had complied with the […]
Court’s order” to submit its report on compliance with judgment. In this regard, on
January 25, 2006, the Secretariat informed the representatives and the InterAmerican Commission that the State had not submitted the said report.
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