11
S/.1,437.47 - one thousand four hundred and thirty-seven new soles and forty-seven
cents-), Rocío Rosales Capillo, made out and given to her legal guardian Clotilde
Portella Blas (for S/.1,437.47 - one thousand four hundred and thirty-seven new
soles and forty-seven cents-) and Elías Cirilo Rosales Medina (or Caurino) (for
S/.1,437.47 - one thousand four hundred and thirty-seven new soles and forty-seven
cents), his mother Celestina Alejandro Cristóbal (for S/.1,437.47 - one thousand four
hundred thirty-seven new soles and forty-seven cents-), his wife Gregoria Medina
Caurino (for S/.1,437.47 - one thousand four hundred and thirty-seven new soles
and forty-seven cents-); and for Nelly María Rubina Arquiñigo in favor of her mother
Leonarda Arquiñigo Huerta (for S/.2,941.23 - two thousand nine hundred forty-one
new soles and twenty-three cents-), her sister Gladys Sonia Rubina Arquiñigo (for
S/.2,941.23 -two thousand nine hundred and forty-one new soles and twenty-three
cents-), and her aunt Virgilia Arquiñigo Huerta (for S/.1,311.86 - one thousand three
hundred eleven new soles and eighty-six cents).
35.
As regards the manner of payment, article five of the agreement establishes
that Peru will begin to take the appropriate steps to include the respective amount
for monetary indemnification in the General Budget of the Republic for fiscal year
2002, and will make the payment in the course of the first quarter of that fiscal year.
It further states that the payment will be made directly to the surviving victims and
directly to each of the beneficiaries of the reparations, “in the proportions set forth in
the respective Declaration of Heirship” and that, in the case of reparations to minors,
the State will deposit the indemnification in a “trust fund under the most favorable
conditions according to Peruvian banking practices”.
36.
Furthermore, the agreement states that the State will be in arrears if at the
end of that term it has not paid the indemnification, “having to pay the
compensatory and moratory interest rate set forth and established by the Central
Reserve Bank”.
37.
According to the provisions of article five of the agreement, the monetary
indemnification will be exempt from all taxes whether currently existing or decreed in
the future.
*
*
*
38.
The Court confirms the monetary reparation included in the agreement on
reparations, as a form of compensation for the damage caused, and it believes that
such reparation is a positive step by Peru to fulfill in good faith its international
convention obligations. Therefore, the Court deems that the State must adopt all
necessary measures to make all payments for monetary reparations during the first
quarter of fiscal year 2002, as agreed among the parties.
39.
The Court also confirms the terms mentioned in connection with the manner
of fulfillment of the reparations proposed in the agreement on reparations, as it
deems them to be in accordance with its case law4.
4
Cfr. Cesti Hurtado Case. Reparations, supra note 3, pars. 76, 77 and 78; “Street Children” Case
(Villagrán Morales et al. vs. Guatemala). Reparations, supra note 3, pars. 119, 120 and 121; and “White
van” Case (Paniagua Morales et al. vs. Guatemala). Reparations, supra note 3, pars. 225, 226 and 227.