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53.
That the Commission expressed its concern about the lack of effective actions to
comply with what was ordered, as well as the lack of information on the liaisons and
domestic coordination necessary to fulfill such measure of reparation.
54.
That the State alleged that it has taken the necessary measures to guarantee the
payment for non-pecuniary damage ordered in the Judgment and that the rigor of the
domestic laws of the State and the budgetary constraints had caused the delay in the
payment. It informed that the payment of non-pecuniary damage must be included in a
claim for the domestic budget, a step that has been already taken. It observed that the
budget act is of a compulsory nature and though it cannot indicate a specific date for the
compliance with the payment, the budget act expires on December 31, 2009 and therefore,
the payments must be made before said date.
55.
That this Court notes that, after more than two years and a half of the delivery of the
Judgment, the payments ordered as compensation for non-pecuniary damage have not
been fulfilled by the State. Certainly, it is essential for the State to adopt the necessary
measures to make said payments as soon as possible. Moreover, given that the State has
fallen in arrears, it must inform on the measures adopted for the effective compliance with
this operative paragraph, as well as the allocations applicable to cover the respective
overdue interest, according to paragraph 161 of the Judgment.
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Payment of costs
56.
That regarding the payment of the amounts established as costs (operative
paragraph six of the Judgment), the State informed that it has complied with said aspect
since it has delivered to the 28° Specialized Civil Trial Court of Lima seven judicial deposit
certificates of Banco de la Nación in favor of the victims’ representatives for an amount,
each of them, equivalent in new soles to five thousand dollars of the United States of
America. On August 14, 2008, the 28° Specialized Civil Trial Court of Lima, by means of
Resolution N° 120, verified that the State had assigned the sum of 14.050 new soles to
each victims’ representative and ordered the delivery of such amount to Mr. Adolfo
Fernández Saré, Manuel Carranza Rodríguez, Henry William Camargo Matencio, Máximo
Jesus Atauje Montes, Jorge Luis Pacheco Munayco, Javier Mujica Petit and Francisco Ercilio
Moura. The funds to make such payments came from the FEDADOI. Based on the foregoing,
the State asserts that operative paragraph six of the Judgment is fulfilled. The common
interveners also indicated that the State complied with this operative paragraph.
57.
That, based on the evidence furnished and the similar statements made by the
parties as to the effective compliance with this operative paragraph, this Tribunal considers
that the State has fully complied with it.
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58.
That, when monitoring compliance with the pending aspects of this case, the Court
values the effectiveness of the hearing held to that end, which is expressed in the good will
shown by the parties. The Tribunal shall consider the general status of compliance with the