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jeopardize the right to presumption of innocence established in the American
Convention.
110. With regard to the other points concerning other forms of reparation of a nonpecuniary nature, including the measures of satisfaction and guarantees of nonrepetition that the State must take, the Court observes that the agreement reached
by the parties is compatible with the American Convention and the Court’s case law,
and therefore endorses these points of the agreement and adapts the respective
time for complying with them. Consequently, the State shall execute the following
measures.
a)
Public act to acknowledge responsibility and provide reparation
111. To ensure that the acquiescence made by Peru and the decisions of this Court
provide effective reparation to Pedro Huilca Tecse and his next of kin, as well as
serving as a guarantee of non-repetition, the Court considers that the State must
organize a public act acknowledging its responsibility for the extrajudicial execution
of Pedro Huilca Tecse and to make a public apology to Martha Flores Gutiérrez, José
Carlos Huilca Flores, Indira Isabel Huilca Flores, Flor de María Huilca Gutiérrez, Pedro
Humberto Huilca Gutiérrez, Katiuska Tatiana Huilca Gutiérrez and Julio César Escobar
Flores, for having concealed the truth for more than 12 years. The public act shall be
carried out with the attendance of the most senior authorities of the Peruvian State,
trade unions and human rights organizations and in the presence of the victim’s next
of kin. This act shall be held within three months of notification of this judgment.
b)
Publication of the pertinent part of the Court’s judgment
112. The State shall publish the section entitled “Proven facts” and the operative
paragraphs of this judgment in the official gazette and in another national newspaper
(infra para. 124). The publication shall be carried out within three months of
notification of this judgment.
c)
Establishment of a university course or subject on human rights
113. The State shall establish, in the Universidad Nacional Mayor de San Marcos, a
course or subject on human rights and labor law entitled “Cátedra Pedro Huilca,” to
honor the memory of the trade union leader. This course or subject shall be offered
every academic year, starting the next university year.
d)
Official celebration of May 1 (Labor Day)
114. The State shall ensure that, as of 2005, the work of Pedro Huilca Tecse in
favor of the trade union movement in Peru will be recalled and praised during the
official celebration of May 1 (Labor Day).
e)
Bust in memory of Pedro Huilca Tecse
115. The State shall erect a bust in memory of Pedro Huilca Tecse in a public place
in Lima, chosen in consultation with his next of kin. The inscription on the plaque
shall allude to the activities of Pedro Huilca Tecse. The text of the inscription shall be
consulted with his next of kin. The State shall designate the public place and erect
the bust within one year of notification of the agreement.
f)
Psychological attention and treatment to the victim’s next of kin
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