9
addition, it mentioned that the “victims voluntarily and expressly, waived their rights
to the interest accrued since March 15, 2004”, and to prove that it presented letters
signed by each one of them to that purpose24.
18.
That the representative indicated during the private hearing that “the […]
aspects of the Judgment […] related to the payment of [the] compensation for moral
damage and costs and expenses of the proceeding, as to the latter, it was normally
complied with”.
19.
That the Commission pointed out that “it notes that the amount paid by the
Peruvian State coincides with the total amount established in the Judgment, though
such amount was not distributed in the manner established in paragraph 182 of the
Judgment” on merits, reparations and costs of February 28, 2003.
20.
That, from the information furnished, it is possible to verify that the State
paid to the victims the amounts ordered in the Judgment (supra Considering clause
17). This Tribunal has also verified the existence of documents signed by them, in
which they expressed their waiver to the right to collect the interest on the amount
owed. In this respect, the Court, even though it has ordered, in the method of
compliance, that interest may accrue for the delay in the payment of the amounts
established for non-pecuniary damage and costs and expenses, it deems that the
payment of the interest is a right which may be voluntarily and expressly waived25.
21.
That, from the foregoing, it springs that the State has fully complied with
operative paragraphs seven and eight of the Judgment delivered in the instant case.
*
*
*
22.
That in relation to the obligation to decide “that the 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), the State, the representatives and the
III, page 670) and cash receipt of December 28, 2005 signed by Sara Elena Castro Remy widow of
Gamarra (record on monitoring compliance, volume III, page 671).
24
Cf. Letter addressed to José Burneo Labrín, Executive Secretary of the Human Rights National
council, by Mr. Javier Mujica Ruiz Huidrobo and signed by Patricia Mujica, representative of Javier Mujica
Ruiz, of December 28, 2005, in which it is stated “[its] express waiver of the interest accrued since March
15, 2004 […] up to the present”; letter addressed to José Burneo Labrín, Executive Secretary of the
Human Rights National Council, by Mr Guillermo Álvarez Hernández of December 28, 2005 in which it is
stated “[its] express waiver of the interest accrued since March 15, 2004 […] up to the present”; letter
addressed to José Burneo Labrín, Executive Secretary of the Human Rights National Council, by Mrs. Sara
Elena Castro Remy, widow of Gamarra of December 28, 2005, in which it is stated “[its] express waiver of
the interest accrued since March 15, 2004 […] up to the present”; letter addressed to José Burneo Labrín,
Executive Secretary of the Human Rights National Council, by Mr. Reymert Bartra Vásquez of December
28, 2005, in which it is stated “[its] express waiver of the interest accrued since March 15, 2004 […] up to
the present”; letter addressed to José Burneo Labrín, Executive Secretary of the Human Rights National
Council, by Mr. Carlos Torres Benvenuto of December 28, 2005, in which it is stated “[its] express waiver
of the interest accrued since March 15, 2004 […] up to the present” (record on monitoring compliance,
volume III, pages 673 to 677).
25
Cf. Case of Ricardo Canese V. Paraguay. Monitoring Compliance with Judgment. Order of the
Inter-American Court of Human Rights of August 6, 2008, Considering Clause eleven.