8
Diario Oficial “El Peruano” (“El Peruano” Official Gazette) and in the national
daily newspaper “El Comercio” (third operative paragraph in the Judgment of
November 25, 2004) (supra Having Seen clauses No. 3(b) and 5(b);
b)
waive, in favor of Mrs. Lori Berenson, the debt imposed as reparation
for pecuniary damages established under civil law in favor of the State (fifth
operative paragraph in the Judgment of November 25, 2004) (supra Having
Seen clauses No. 3(d), 4(c) and 5(d); and
c)
pay Ms. Rhoda Berenson and Mr. Mark Berenson the amount fixed in
paragraph 243 of the Judgment, for legal costs and expenses, including
default interest on such amount (seventh and eleventh operative paragraphs
in the Judgment of November 25, 2004) (supra Having Seen clauses No. 3(f)
and 5(f).
12.
That the Court considers it essential for the State to file additional and
updated information on the following provisions, in order to determine whether there
has been full compliance thereof:
a)
the requirement in the first operative paragraph of the Judgment, in
connection with the obligation to have Peruvian domestic legislation amended
to conform with the standards of the American Convention (supra Having
Seen clauses No. 3(a), 4(a) and 5(a)). Specifically, the State shall report on
the amendments that may have been made in substantive, as well as
procedural, anti-terrorist legislation, as from the date the Judgment was
served upon it;
b)
the requirement in the fourth operative paragraph of the Judgment, in
connection with the obligation to provide Mrs. Lori Berenson with adequate
and specialized medical care, for in the information brought forth it is not
specified whether the specialized treatment of the victim is being provided at
the expense of the State (supra Having Seen clauses No. 3(c), 4(b) and 5(c);
and
c)
the requirement in the sixth operative paragraph of the Judgment, in
connection with the obligation to have the detention conditions at the
Yanamayo imprisonment facilities conform to international standards (supra
Having Seen clauses No. 3(e), 4(d) and 5(e)).
13.
That the Court will consider the general compliance status of the Judgment on
the merits, reparations and legal costs of November 25, 2004, once it has received
the pertinent information on the measures with which compliance is still pending.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its decisions and in accordance
with Articles 33, 62(1), 62(3), 65, 67 and 68(1) of the American Convention on
Human Rights, 25(1) and 30 of its Statute, and 29(2) of its Rules of Procedure,
DECLARES:
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