the protected guarantee is truly practical and effective, bearing in mind the special
nature of human rights treaties. 4
6.
The States Parties to the Convention that have accepted the Court’s compulsory
jurisdiction must comply with the obligations established by the Court. These
obligations include the State’s duty to inform the Court of the measures adopted to
comply with the rulings of the Court in its judgments. The prompt implementation of
the State’s obligation to report to the Court on how each aspect ordered by the Court
is being fulfilled is essential in order to assess the status of compliance with the
Judgment as a whole. 5
A. Obligation to pay, within one year, the amounts established in the
annex to the Judgment and in paragraph 132 of the Judgment as
compensation for pecuniary and non-pecuniary damage and to
reimburse costs and expenses.
7.
The State advised, first, that it had coordinated a timetable for the payments.
Subsequently, it indicated that the Lima Potable Water and Sewerage Services
Company (hereinafter “SEDAPAL”) had “advised that it ha[d] made the payment to all
the beneficiaries of the judgment, including the six persons who had not collected the
amounts that corresponded to them at the date of the report of June 19, 2012.” In this
regard, it indicated that “[r]egarding the group of six persons [who had not collected
their payment],” SEDAPAL had advised “that they had been paid directly on
September 21, 2012,” and that “[w]ith regard to the other four persons whose
payment was pending, this has been made by a judicial deposit in the Banco de la
Nación.” Therefore, the State asked the Court to “consider that this aspect of the
Judgment had been fulfilled.”
8.
The representative of the victims confirmed that the State, through SEDAPAL,
had made available to 233 victims the payment in three installments of the reparations
for pecuniary and non-pecuniary damage, as well as the payment for the costs and
expenses, in the amounts ordered in the Judgment. In this regard, the representative
advised that 229 victims had collected the amounts for pecuniary and non-pecuniary
damage, while “four […v]ictims, corresponding to former employees, had not yet come
forward to collect the payment, [because] two […] of them had died [… and] the two
remaining victims had not been located […] on Peruvian territory.” The representative
indicated that “neither the Union of SEDAPAL Professional and Technical Employees –
SIFUSE, nor […] the representative of the victims, [have] received from any of the 233
victims or their heirs any complaints with regard to the payment of the reparations
ordered in the Judgment […], which the State had made available to the victims.”
Lastly, the representative affirmed that “it corresponded to the Peruvian State to
present information […] confirming that the State had made the judicial deposit of the
compensation ordered for each of the […] four […] victims […], which will permit
concluding definitively that the Peruvian State has complied fully with the Judgment.”
4
Cf. Case of Ivcher Bronstein vs. Peru. Competence. Judgment of September 24, 1999, Series C No.
54, para. 37, and Case of Gómez Palomino, Order of the Inter-American Court of Human Rights of February
13, 2013, fourth considering paragraph.
5
Cf. Case of Barrios Altos v. Peru. Monitoring compliance with judgment. Order of the Inter-American
Court of Human Rights of September 22, 2005, seventh considering paragraph, and Case of Kimel v.
Argentina. Monitoring compliance with judgment. Order of the Inter-American Court of Human Rights of
February 5, 2013, second considering paragraph.
3