3
3.
The briefs of September 14 and December 7, 2007, whereby the InterAmerican Commission of Human Rights (hereinafter “the Inter-American
Commission” or “the Commission”) referred to compliance with the Judgment.
4.
The briefs of August 14, September 4 and 5, and October 15, 2007; April 3,
July 30, October 24, and November 6, 2008; whereby the common intervener of
the victims’ representatives (hereinafter “the common intervener”) referred to
compliance with the Judgment.
5.
The briefs of August 3 and September 18, 2007; October 10, 2008; January
15, and February 25, 2009; whereby the Republic of Perú (hereinafter “Perú” or
“the State”) referred to compliance with the Judgment.
6.
The note of the Secretariat of the Inter-American Court (hereinafter “the
Secretariat”) of November 5, 2008, whereby, on instructions from the Court’s
President, it reminded the State that, in accordance with the twenty-fourth
operative paragraph of the Judgment, the term for submitting the first report on
compliance with the Judgment expired on June 20, 2008, and that said report had
not been received by the Court within said term, whereby the State was requested
to forward said report as soon as possible.
7.
The communication of January 15, 2009 and its appendix, whereby the
State informed that “Delia Muñoz-Muñoz, Esq., Supranational Special Public
Prosecutor, had been appointed Agent of the Peruvian State in all the proceedings
started before said […] Court.” Pursuant to Resolution No. 008-2009-JUS, said
appointment was made within the framework of the State’s Legal Defense System,
which was created “in order to consolidate, unify, and modernize the legal defense
of the State in […] the supranational and international spheres.”
8.
The note of the Secretariat of February 2, 2009, whereby it reiterated its
request to the State to forward its first report on compliance with the Judgment, as
“the term for submitting it expired over seven months ago,” wherefore an
additional term to that effect was granted on February 16, 2009.
9.
The communication of February 25, 2009, whereby the State pointed out
that “a new system for the defense of the State has been created […] having
supranational venue […] and which at present is in the process of being
transferred” and that the Supranational Special Public Prosecutor “is taking the
necessary steps regarding coordination with the various parties related to
compliance with the [above-mentioned] Judgment,” and that “once the pertinent
information has been gathered, it will be referred to [the Court] in due time.”
10.
The note of March 5, 2009, reiterating the request to the State so that it
submit its first report on compliance with the Judgment, as “the term for its
submissi[on] expired over eight months ago.”
CONSIDERING:
1.
That it is a power inherent in the judicial functions of the Court to monitor
compliance with its judgments.
2.
That Perú has been a State Party to the American Convention on Human
Rights since July 28, 1978 and it acknowledged the binding jurisdiction of the Court
on January 21, 1981.
3.
That pursuant to Article 68(1) of the American Convention, “[t]he States
Parties to the Convention undertake to comply with the judgment of the Court in