22
(cf. official memorandum No. 7220-98, of September 3, 1998, on the official exchange
rate of Peru’s currency to the United States dollar from January of 1990 to June of 1998,
the document issued by the head of the Department of Economic Statistics and Studies
of the Office of Superintendent of Banking and Insurance);
d)
In Peru, a number of laws govern work bonuses within the public and
private sectors; of these, the one most favorable to the worker is Law No.
25.139, of December 4, 1989, which grants two annual bonuses, each one
equal to "the basic wage a worker is receiving at the time the benefit is
granted"
(cf. Law No. 25,139 of December 14, 1989, on annual National Holidays and Christmas
bonuses; Supreme Decree No. 061-98-EF of July 6, 1998, published in “El Peruano” on
July 7, 1998, which "grants government pensioners, officials and civil servants an
National Holiday"; Reform No. 0053-98-GAF-SP-GG-PJ on payment of a bonus in
accordance with Legislative Decree No. 728; a photostat copy of Legislative Decree 276
– Statute on the Civil Service and Remuneration in the National Public Sector, of March
6, 1984, published in "El Peruano" on March 24, 1984; a photostat copy of the initial
implementing legislation for Legislative Decree No. 276, supreme Decree No. 018-85PCM, February 28, 1985; Law No. 26.894, "1998 Public Sector Budget Law", of
December 10, 1997, published in "El Peruano" on December 11, 1997; Urgent Decree
No. 107-97 of December 5, 1997, published in “El Peruano” on December 6, 1997, which
"grants government pensioners, officials, civil servants, and armed forces and national
police personnel a Christmas bonus"; Supreme Decree No. 069-85-PCM of July 26, 1985,
published in “El Peruano” on July 27, 1985; a photostat copy of Decree-Law No. 22.482,
of March 27, 1979; on the “maternity and nursing subsidies currently in effect”; a
photostat copy of Decree-Law No. 18.846 of April 28, 1971, on “Job-related Accidents”);
e)
Amnesty Law No. 26.479 and Law No. 26.492, which interprets the
Amnesty Law, are currently in force in Peru
(cf. Law No. 26.479 of June 14, 1995, published in "El Peruano" on June 15, 1995, which
"grants a general amnesty to military, police and civilian personnel for various cases";
Law No. 26,492 of June 30, 1995, published in "El Peruano" on July 2, 1995, which
"specifies the interpretation and scope of the amnesty granted by Law No. 26,479";
Judgment of the [Peruvian] Constitutional Court of April 28, 1997, published in "El
Peruano" on May 9, 1997, which "dismisses the suit challenging the constitutionality of
various articles of Laws Nos. 26.479 and 26.492);
f)
Also in force in Peru is Law No. 26.926, which typifies crimes against
humanity, among them genocide, forced disappearance and torture
(cf. Law No. 26,926 of February 19, 1998, published in "El Peruano," February 21, 1998,
which "amends several articles of the Penal Code and introduces Title XIV-A, concerning
crimes against humanity", and Decree-Law No. 25,592, dated June 26, 1992, published
in "El Peruano" on July 2, 1992, establishing "a penalty of incarceration for public
officials or civil servants who deny any person his freedom by ordering or executing
actions that result in said person’s disappearance").
VII
REPARATIONS
69.
While the rule of restitutio in integrum is one form of reparation for an
international wrongful act (cf. Factory at Chorzów, Merits, supra 50, p. 48), it is not
the only form of reparation. There may be cases in which restitutio in integrum is
impossible, insufficient, and inadequate, as in the instant case. This necessitates
recourse to other forms of reparation for the victim’s next of kin. Compensation is,
first of all, for the damages suffered by victim and includes, as this case has held
previously, both material and moral damages (Garrido and Baigorria Case,