57
a)
it was opposed to the request to release Luis Alberto CantoralBenavides since it was not obligated to do so until he completed his jail term,
and that it was not obligated to compensate him in any way; and
b)
the payment of expenses should be rejected because Peru is under no
obligation to make any payment to the relatives of Luis Alberto CantoralBenavides, or the petitioners or the Inter-American Commission, and because
no evidence has been presented to demonstrate the expenses incurred by
said relatives and petitioners and the Commission.
194.
*
*
*
Article 63(1) of the American Convention states that
If the Court finds that there has been a violation of a right or freedom protected by this
Convention, the Court shall rule that the injured party be ensured the enjoyment of his
right or freedom that was violated. It shall also rule, if appropriate, that the
consequences of the measure or situation that constituted the breach of such right or
freedom be remedied and that fair compensation be paid to the injured party.
195. The Court deems that the request by the Commission that the Court order the
Peruvian State to release Luis Alberto Cantoral-Benavides is no longer of interest,
since he was pardoned and has been free since June 25, 1997 (supra para. 63.r.).
196. Also, the Court considers that reparations are in order for the situation
created as a result of the violation of the rights specified in this case, which should
include fair compensation and the payment of the expenses incurred by the victim or
his relatives or the petitioners in connection with this trial.
197. The Court will require sufficient information and evidence in order to set
reparations, and, therefore, recommends that the corresponding stage of the
proceedings be opened, and commissions its President to adopt such measures as
may be necessary.
XVIII
OPERATIVE PARAGRAPHS
198.
Therefore,
THE COURT,
unanimously,
1.
declares that the State violated, to the detriment of Luis Alberto CantoralBenavides, Article 5(1) and 5(2) of the American Convention on Human Rights.
unanimously,
2.
declares that the State violated, to the detriment of Luis Alberto CantoralBenavides, Article 7(1), 7(2), 7(3), 7(4) and 7(5) of the American Convention on
Human Rights.
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