Order of the
Inter-American Court of Human Rights
*
of November 24, 2009
Case of the “Five Pensioners” v. Peru
(Monitoring Compliance with Judgment)
HAVING SEEN:
1.
The Judgment on the merits, reparations and costs delivered by the InterAmerican Court of Human Rights (hereinafter, the “Court”, the “Inter-American
Court” or the “Tribunal") on February 28, 20031.
2.
The Orders issued by the Inter-American Court on November 17, 2004 and
September 12, 2005 in relation to the procedure to monitor compliance with the
instant case.
3.
The Order issued by the Court on July 4, 2006, by which it was decided:
[that] the Court will continue to monitor compliance with the decisions pending
fulfillment in this case. These are:
a)
“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” (operative paragraph six of the Judgment of
February 28, 2003);
b)
“as indicated in paragraph 180 of [the] Judgment, [to] pay the four
victims and Maximiliano Gamarra Ferreyra’s widow the amount of US$3,000.00
(three thousand United States dollars) for non-pecuniary damage” (operative
paragraph seven of the judgment of February 28, 2003)
c)
“[to] pay the amount of US$13,000.00 (thirteen thousand United
States dollars) for expenses and a total of US$3,500.00 (three thousand five
hundred United States dollars) for costs, as stated in paragraph 182 of [the]
judgment” (operative paragraph eight of the judgment of February 28, 2003)
and
d)
“[T]he possible patrimonial consequences of the violation of the right
to property should be established under domestic legislation, by the competent
national organs” (operative paragraph five of the judgment of February 28,
2003).
*
Judge Diego García-Sayán, Peruvian, disqualified himself from participating in the procedure to
monitor compliance with the Judgment delivered in the instant case; therefore, he did not participate in
the deliberation of this Order. Judge Leonardo Franco informed that, due to reasons of force majeure, he
could not participate in the deliberation and signature of this Order.
1
Case of the "Five Pensioners” V. Perú. Merits, Reparations and Costs. Judgment of February 28,
2003. Series C No. 98.