-41Considerations of the Court
175. The Court notes that the Commission’s request for reparations on the obligation to
investigate is time-barred because it was presented in its final written observations and not
in its brief of submission nor in its Merits Report.
176. Although the Court found the State to be responsible for violating the principle of a
reasonable time in the judicial proceedings that ended in the conviction of the perpetrator of
the incident, it was not proved that the State had violated Articles 8 and 25 of the American
Convention for failing to try other persons or for the proportionality of the sentence of the
perpetrator (supra paras. 127 and 128). Therefore, the Court finds that it is not appropriate
to order the requested measure.
C. Measures of satisfaction
177. The Court will determine the measures that seek to repair the moral redress and that
is not of a pecuniary nature, as well as the measures of public scope and repercussion. 156
International jurisprudence, and specifically that of the Court, has repeatedly established that
the judgment, per se, is a form of reparation.157
178. The representatives asked the Court to order the publication, within six months, of at
least the sections on the context, the proven facts and the operative part of the Judgment in
the Official Gazette, in a newspaper of national circulation and also on the Web sites of the
Ministries of Justice, Defense and the Army. The State did not object to the publication of the
Judgment “provided that it is limited to a summary of the proven facts, the rights affected
and its Operative Part.” The Commission did not refer to this measure of reparation.
Considerations of the Court
179. The Court deems it relevant to order, as it has done in other cases, 158 that the State,
within six months of the date of notification of this Judgment, publish the following: a) the
Court’s official summary of this Judgment in the Official Gazette of Peru and in a newspaper
of wide national circulation, each one time, and b) the complete Judgment on the State’s
official Web site, available for one year.
D. Other measures requested
D.1. Measures of rehabilitation
180. The representatives requested that the State order “free and permanent medical and
psychological treatment for the family members of the victims, regardless of the health
assistance that they now receive through social security programs.” They also asked that “the
health assistance be provided by competent professionals after a determination of the medical
needs of each victim and should include the provision of the medicines that might be required”
and the expenses that are part of the treatment, such as the cost of transportation. For its
part, the State argued that the denounced facts “have been totally remedied” because the
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and Costs. Judgment
of May 26, 2001. Series C No. 77, para. 84 and Case of the Afrodescendent Communities displaced from the Cacarica
River Basin (Operation Genesis) v. Colombia, para. 441.
156
Cf. Case of Neira Alegría et al. v. Peru. Reparations and Costs, para. 56 and Case of expelled Dominicans
and Haitians v. Dominican Republic, para. 448.
157
Cf. Case of Cantoral Benavides v. Peru. Reparations and Costs. Judgment of December 3, 2001. Series C
No. 88, para. 79 and Case of Human Rights Defender et al. v. Guatemala, para. 261.
158